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HomeMy WebLinkAboutBy-law 6850/08 THE CORPORATION OF THE CITY OF PICKERING ...... BY-lAW NO. 6850108 A by-law to licence pet shops WHEREAS Subsection 11 (3)9 of the Municipal Act, 2001 authorizes the City to pass by- laws respecting animals; and WHEREAS Section 150 of the Municipal Act, 2001 authorizes the City to provide for a system of licences with respect to any business wholly or partly carried on within the City; and WHEREAS the City deems it necessary to provide a system of licensing for pet shops. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: PART 1- INTERPRETATION Definitions ...... 1. In this by-law, "animal" means a dog, cat, bird or any other pet that is generally understood to be domesticated and is typically kept indoors; "applicant" means a person who applies for a licence; "breeder" means a person who keeps animals for the purpose of breeding the offspring for sale; "City" means The Corporation of The City of, Pickering or the geographical area of Pickering, as the context requires; "City Clerk" means the City Clerk or a designate; "cross breed" means the offspring of more than one breed of animal without registration papers; "flea market" means a building or part of a building in which stalls or stall areas are set aside and rented or otherwise provided where groups of individual sellers offer goods, new and used, for sale to the public; ...... "licence" means a licence to operate a pet shop issued in accordance with this by-law; Pet Shop Licensing By-law No. 6850/08 Page 2 "licensee" means a person to whom a licence has been issued; "'-'" "medical records" means documentation prepared by a veterinarian that verifies an animal's past or current health condition; "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; "pet shop" means every shop, place or premise in which animals are sold or kept for sale as pets but does not include a breeder; . "pure-bred" means a breed of dog or cat that has registration papers; "registration papers" means documentation from an authorized association under the Animal Pedigree Act stating that an animal is a recognized pure-bred; and "veterinarian" means a person licensed under the Veterinarians Act. 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. Schedule 5. Schedule 1 (LICENCE FEES) is attached to and forms 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. "'-'" Pet Shop Licensing By-law No. 6850108 Page 3 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 11- APPLICATIONS Submission of Applications 9. All licence applications shall be completed and submitted on forms provided by the City. 10. Every application shall be submitted with the applicable fee set out in Schedule 1. ~ 11. Every applicant shall submit to the City Clerk, (a) where applicable, a copy of a lease or written permission from the owner or property manager of the property where the pet shop is to be located and operated; (b) a copy of the applicant's general insurance liability policy in the amount of not less than two million dollars ($2,000,000.00) 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; (c) an original criminal reference check not more than 30 days old for the applicant(s) or, where the applicant is a corporation, for every person who will be in charge of the pet shop during the term of the licence; (d) a brief description outlining the number and species of animals to be kept and sold; and (e) the name and contact information of the veterinarian used by the applicant. ..... Pet Shop Licensing By-law No. 6850/08 Page 4 Issuance of Licence ""-' 12. The City Clerk may approve or refuse any licence application, and may impose any conditions upon an approval as he or she determines to be appropriate. 13. In addition to every other requirement imposed by this by-law, every licence is issued subject to the condition that all federal, provincial and municipal laws, by- laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to the operation of the pet shop must be complied with. 14. Upon the issuance of a licence, the licensee shall be exempt from the purchase of dog and cat licences under the City's Responsible Pet Ownership By-law. Disqualifications ""-' 15. The City Clerk shall refuse to issue a licence if, (a) all of the information and documents that the applicant is required to provide under this by-law have not been provided and verified; (b) the licence fee has not been paid; (c) the applicant has submitted false information in support of the application; (d) the issuance of the licence would contravene any of the provisions of this by-law, the Ontario Building Code, the Fire Protection and Prevention Act, any applicable zoning regulations, or any other applicable law; (e) the proposed location for the pet shop is within a flea market; (f) the proposed location forthe pet shop is a dwelling unit; or (g) the applicant has been convicted of a crime against animals. Exemptions 16. No licence shall be required for, (a) an animal shelter operated by or on behalf of the City; (b) a recognized animal rescue organization or other organization approved by the City dedicated to protecting the rights of animals; (c) a publicly funded educational institute; (d) . a facility in which animals are placed for care pursuant to the Pounds Act; ""-' Pet Shop Licensing By-law No. 6850/08 Page 5 (e) an animal shelter operated by a branch or affiliate of the Ontario Society "- for the Prevention of Cruelty to Animals; or (f) a licensed veterinary hospital or clinic. 16.1 This by-law shall not prohibit a pet shop operating within a flea market at the time of passage of this by-law provided such pet shop continues to operate under a licence. Term 17. Every licence shall be valid for a period of one year from the date of issuance unless it is revoked or suspended. Transfer 18. A licence shall not be transferable. PART 111- REGULATIONS FOR LICENSEES General ...... 19. Every licence shall be posted in a conspicuous place in the pet shop. 20. Every licensee shall maintain and make readily available to personnel at all times written animal care procedures dealing with, amongst other matters, methods of handling animals, sickness, injury or death, and contact information for a veterinarian. 21. Every licensee shall take all reasonable and humane steps to prevent a nuisance caused by undue noise. 22. Every licensee shall ensure that all animal waste materials are disposed of in a manner that will not create a public nuisance or health hazard. 23. Every licensee shall ensure that its pet shop is sanitary, well-ventilated and free of offensive odours. Sales 24. No licensee shall sell or permit to be sold any animal to anyone under the age of 18 years. 25. No licensee shall give or permit to be given animals away as prizes. 26. No licensee shall display any animal in a shop or display window that causes .... uncomfortable living conditions for the animal. Pet Shop Licensing By-law No. 6850/08 Page 6 27. No licensee shall sell or permit to be sold, or offer for sale, ~ (a) any dog under the age of 8 weeks; (b) any cat under the age of 6 weeks; or (c) any other animal prior to the acceptable age requirements for the species. 28. Every licensee shall ensure that dogs and cats being sold as pure-breds are sold in compliance with the Animal Pedigree Act. 29. Every licensee shall ensure that all dogs and cats that are sold without registration papers are advertised as a cross breed. 30. Every licensee shall provide the purchaser of an animal a receipt that includes the date of the sale, the sale pric~, and the species, breed or cross breed, sex, age and description including colour and placing of markings, if applicable. 31. No licensee shall sell any sick, diseased or injured animal, including but not limited to the following conditions: (a) incubating or suffering from any infectious disease; (b) nutritional deficiencies, including rickets or emaciation; ~ (c) internal or external parasites; or (d) fractures or congenital abnormalities affecting the general health of the animal. 32. No licensee shall sell any animal that has required veterinary care for sickness, injury or disease without providing a copy of the medical records to the purchaser of the animal. Care of Animals 33. Every licensee shall ensure that any animal suffering from any disease, ailment or injury shall be given care and attention from a veterinarian within 24 hours of the onset of symptoms and that the animal is kept in a quarantine area, separate from all other animals, until a veterinarian certifies that the animal is in good health. 34. Every licensee shall provide each species of animal with adequate food and water specific to the animals' needs. 35. Every licensee shall provide adequate light specific to the needs of each species of animal. '''-'"' 36. Every licensee shall provide its animals with an opportunity for exercise. Pet Shop Licensing By-law No. 6850108 Page 7 37. Every licensee shall ensure that dogs housed in cages less than 2 metres x 1 ___ metre in size are exercised at least twice daily. Housing of Animals 38. Every licensee shall ensure that every cage or other container used for the keeping or housing of any animal, (a) is of adequate size to permit the animal to stand normally to its full height, to extend its legs and body to their full natural extent, to turn around, and to lie down in a fully extended position; (b) is equipped with receptacles for food and water, mounted or situated that they cannot be easily overturned or contaminated; (c) is in good working condition and is not dangerous to the animal's health or well-being; (d) provides adequate enhancement to promote the expression of species appropriate behavioural and mental activities; (e) is maintained in a clean and sanitary condition at all times with all excrement, refuse and other objectionable material removed at least twice in every 24 hour period, including weekends and holidays; and .~ (f) has a solid floor or of wire mesh construction where the wire mesh is covered with a thick plastic cover for ease of cleaning and is comfortable for the animals, provided that, (i) all spaces in wire mesh shall be smaller than the pads of the foot of any animal confined therein; (ii) any such wire mesh shall be of a thickness and design adequate to prevent injury to any such animal; and (iii) such floor shall be of sufficient strength to support the weight of any such animal. 39. Every licensee shall ensure that birds are kept in adequately sized cages with sufficient perch space. 40. No licensee shall confine an animal in an enclosure together with one or more other animals that may pose a danger to the animal(s). --- Pet Shop Licensing By-law No. 6850/08 . Page 8 ~ Registry 41. Every licensee shall complete the registry form provided by the City for each animal purchased or otherwise obtained at the time each animal comes into the licensee's possession. 42. Every licensee shall ensure the registry is available for inspection by the City during business hours. 43. Every licensee shall provide a copy of the registry to the City quarterly from the date of issuance of the licence. 44. Every licensee shall retain the registry for the period of 12 months following the end of the term of the licence. PART IV - GENERAL PROHIBITIONS 45. 46. No person shall keep or sell any animal prohibited by law. No person shall own, operate, manage, control or supervise a pet shop without a licence. ..... PART V - ENFORCEMENT Definition 47. In this Part, "officer" means a municipal law enforcement officer appointed by the City to enforce municipal by-laws or an agent or inspector appointed under the Ontario Society for the Prevention of Cruelty to Animals Act. Inspections 48. 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. 49. For purposes of an inspection, an officer may, (a) require the production for inspection of any document or things relevant to the inspection; (b) 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 "-" Pet Shop Licensing By-law No. 6850/08 Page 9 (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. -- 50. Upon request, a licensee shall provide an officer with medical records for any animal. 51. No person shall withhold, destroy, conceal or refuse to furnish any information or thing required by an officer for purposes of an inspection. 52. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. Suspension of Licence 53. The City Clerk may suspend a licence if the licensee fails to comply with any provision of this by-law and such non-compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non- compliance. Revocation of Licence 54. The City Clerk may revoke a licence under any of the following circumstances: ......... (a) the licence has been issued in error; (b) the licence has been suspended in accordance with section 56 and no satisfactory evidence of compliance has been filed with the City within 60 days from the date of the suspension; (c) the licence has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the licensee has been convicted of a crime against animals; or (e) the licensee requests that the licence be revoked. Offences and Penalties 55. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act. 56. No person shall make a false or intentionally misleading recital of fact, statement or representation in any application or other document required by this by-law. "-' Pet Shop Licensing By-law No. 6850/08 Page 10 PART VI - GENERAL .--- Short Title 57. This by-law may be referred to as the "Pet Shop Licensing By-law". Repeal of Existing By-law 58. By-law No. 6299/04 is repealed. Effective Date 59. 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 21 st day of April, 2008. David RYa~ ~.bC]z) a:~cy Debi A. Wilcox, City Clerk ...... .--- "-" "'-' "'-' SCHEDULE "1" TO BY-LAW NO. 6850/08 LICENCE FEES Pet Shop Licence $250.00 per year Late Fee - A licence holder who has not purchased $50.00 their licence within 30 days of the expiration of the previous licence. .~ PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 6850/08, for the Corporation of the City of Pickering, attached hereto is the set fine, for those offences. This Order is to take effect July 3rd, 2008. ~ DATED at Newmarket this 3rd day of July, 2008. Gregory R IS Regional Senior Justice Central East Region -.-.. ( ( ( Set Fine Schedule CITY OF PICKERING PART I Provincial Offences Act, R.S.O. 1990, Chap. P.33, as amended City of Pickering By-law 6850/08 - Pet Shops By-law Page 1 of 2 Pages ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Defining or Creating Offence Set Fine 1. General Fail to post licence in conspicuous place 19 $80 2. Fail to maintain/make written animal care procedures available 20 $80 3. Allow undue noise 21 $250 4. Fail to dispose animal waste adeQuatelv 22 $300 5. Keep pet shop in unsanitary condition 23- $250 6. Sales Sell animal to anyone under 18 vears old 24 $160 7. Give animal awav as a prize 25 $160 8. Disolav animal to cause uncomfortable livinQ conditions 26 $300 9. Sell doo under 8 weeks of aQe 27 a $250 10. Sell cat under 6 weeks of age 27 b $250 11. Sell other animal prior to acceptable aQe 27 c $250 12. Fail to advertise doCls and cats as a cross-breed 29 $160 13. Fail to provide purchaser with a receipt 30 $160 14. Sell sick, diseased or injured animal 31 $300 15. Fail to provide purchaser with medical records 32 $160 16. Fail to obtain treatment for sick/diseased animal 33 $300 17. Care Fail to provide adequate food / water 34 $300 18. Fail to provide adequate light 35 $300 19. Fail to provide animal with opportunitv for exercise 36 $300 20. Fail to ensure doo(s) are exercised at least twice dailv 37 $300 21. Housing Animal kept in inadequate housing 38 a) $300 22. Fail to provide adequate enhancement 38 d) $300 NOTE: The penalty provision for the offences in Items 1-29, inclusive, is under section 55 of By-law 6850/08, a certified copy of which has been filed. ( ( ( Set Fine Schedule CITY OF PICKERING PART I Provincial Offences Act, R.S.O. 1990, Chap. P.33, as amended City of Pickering By-law 6850108 - Pet Shops By-law Page 2 of 2 Pages ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Defining or Creating Offence Set Fine 23. House animal in unsanitary condition 38(e) $300 24. Confine animals to pose a dancer 40 $300 25. Fail to keep registry of animals 41 $350 26. Fail to provide reQistrv 43 $350 27. Keeplsell prohibited animal 45 $350 28. Carry on business without a licence 46 $350 29. Fail to provide medical records 50 $350 NOTE: The penalty provision for the offences in Items 1-29, inclusive. is under section 55 of By-law 6850!08, a certified copy of which has been filed.