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HomeMy WebLinkAboutBy-law 6851/08 THE CORPORATION OF THE CITY OF PICKERING BY-lAW NO. 6851/08 A by-law to licence breeders 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 breeders. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: PART I-INTERPRETATION Definitions 1. In this by-law, "animal" means a dog, cat 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 ora designate; "cross breed" means the offspring of more than one breed of animal without registration papers; "licence" mean.s a licence issued to breed animals in accordance with this by-law; "licensee" means a person to whom a licence has been issued;' Breeding Licensing By-law No. 6851/08 Page 2 "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; "veterinarian" means a person licensed under the Veterinarians Act; and "whelping area" means the area designated for birthing offspring. 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. 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. Breeding Licensing By-law No. 6851/08 Page 3 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 - APPLICATIONS Submission of Applications 9. Applications shall be completed and submitted on forms provided by the City. 10. Every application shall be submitted with the applicable licence fee specified in Schedule 1. 11. Every applicant shall submit to the City Clerk, (a) where applicable, proof of ownership, a copy of a lease or written permission from the owner or property manager of the property where the breeding is to occur; (b) 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 licensed premises during the term of the licence; (c) a brief description outlining the species/breed of animals to be bred and the number of litters expected; (d) a brief description outlining how the applicant will take steps to eliminate genetic and behavioural flaws within their breeding program; (e) a brief description outlining the design and construction of the whelping area as it pertains to minimizing death or injury to the litter; (f) if the application is for a dwelling unit, a brief description outlining the location of the whelping area; and (g) the name and contact information of the veterinarian used by the applicant. 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- Breeding Licensing By-law No. 6851/08 Page 4 laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to the operation of animal breeding must be complied with. Disq ua lifications 14. 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; or (e) the applicant has been convicted of a crime against animals. Exemptions 15. 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; (e) an animal shelter operated by a branch or affiliate of the Ontario Society for the Prevention of Cruelty to Animals; (f) a licensed veterinary hospital or clinic; or (g) the private sale of the first litter born by a domestic animal within a dwelling unit. Term 16. Every licence shall be valid for a period of one year from the date of issuance unless it is revoked or suspended. Breeding Licensing By-law No. 6851/08 Page 5 Transfer 17. A licence shall not be transferable. Prohibitions 18. No licensee shall breed any animal prohibited by law. 19. No person shall own, operate, manage, control or supervise a breeding facility without a licence. 20. No licensee shall whelp more than one litter per dog within a twelve month period. 21. No licensee shall whelp more than two litters per cat within a twelve month period. 22. No licensee shall breed a dog or cat under one year old. PART 111- REGULATIONS FOR LICENSEES General 23. Every licence shall be posted in a conspicuous place in the breeding facility. 24. Every licensee shall take all reasonable and humane steps to prevent a nuisance caused by undue noise. 25. 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. 26. Every licensee shall ensure that the breeding facility including whelping area is sanitary, well-ventilated and free of offensive odours. 27. Every licensee shall ensure that every dog or cat that has reached the age of 20 weeks is no longer residing on the licensed premises. 28. No licensee shall keep more than 12 offspring at one time within a dwelling unit. Sales 29. No licensee shall sell or permit to be sold any animal to anyone under the age of 18 years. 30. No licensee shall sell or permit to be sold, or offer for sale, (a) any dog under the age of 8 weeks; Breeding Licensing By-law No. 6851/08 Page 6 (b) any cat under the age of 6 weeks; or (c) any other animal prior to the acceptable age requirements for the species. 31. Every licensee shall ensure that dogs and cats being sold as pure-breds are sold in compliance with the Animal Pedigree Act. 32. Every licensee shall ensure that all dogs and cats that are sold without registration papers are advertised as a cross breed. 33. Every licensee shall provide the purchaser of an animal a receipt that includes the date of the sale, the sale price, and the species, breed or cross breed, sire and dam, sex, age and description including colour and placing of markings, if applicable. 34. 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. 35. 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 36. 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. 37. Every licensee shall provide each species of animal with adequate food and water specific to the animals' needs. 38. Every licensee shall provide adequate light specific to the needs of each species of animal. 39. Every licensee shall provide its animals with an opportunity for exercise. 40. Every licensee shall ensure that dogs housed in cages less than 2 metres x 1 metre in size are exercised at least twice daily. Breeding Licensing By-law No. 6851/08 Page 7 Housing of Animals 41 . Every licensee shall ensure that every cage or other container used for the keeping or housing 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; and (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. 42. No licensee shall confine an animal together with one or more other animals that may pose a danger to the animal(s). 43. Every licensee shall ensure that the whelping area is at least 2 % times the size of the nursing mother. Facility Requirements 44. Every licensee shall ensure that the following facility standards are met: (a) The breeding facility shall be situated at least 40m from any school, dwelling unit or other premises used for human habitation, other than the licenced premises. (b) Walls shall be smooth, durable and impervious to facilitate cleaning (c) Roof coverings fastened to sheathing or directly to the roof joists shall be laid so as to prevent the entrance of rodents and vermin, and covered with suitable materials in order to eliminate leakage and exposure to adverse weather conditions (d) Ceilings and walls shall abut to prevent rodent infestation. (e) Corners of ceilings, walls and partitions shall be caulked and painted to facilitate cleaning. Breeding Licensing By-law No. 6851/08 Page 8 (f) Proper air circulation shall be ensured to prevent respiratory disease and to avoid the spread of contaminants, viruses, bacteria and moulds. (g) Temperatures shall be suitable to the species, breed, coat length, age and condition of the animals bred in the facility. 45. Where the facility is housing dogs, the licensee shall ensure that the following additional facility standards are met: (a) Floors shall be of smooth concrete finish or similar like material and shall be adequately sloped to drains. (b) Where floors are on a grade, suitable bedding shall be provided in the form of a raised wood, fibreglass or similar platform, large enough for the dog to lie on. (c) Each dog run shall have a minimal floor area of 2 metres x 1 metres in size. (d) Runs shall be maintained in such a manner to keep the animal securely enclosed. (e) Run surfaces must be kept safe and not slippery, and free from debris that could cause injury to the dog. (f) Dogs placed in outdoor runs are to be monitored according to weather conditions. (g) All indoor and outdoor hard surface runs shall be disinfected after use by each dog. 46. Section 44 and 45 do not apply for licensees breeding within a dwelling unit. Records 47. Every licensee shall maintain breeder records including: breed, sex, date of birth, the sire and dam, tattoo or microchip number, colour and markings. Individual records shall be developed by the time the litter is weaned and shall include medications, vaccinations, and examinations for internal and external parasites and the results thereof. 48. Every licensee shall ensure the records are available for inspection by the City during business hours. 49. Every licensee shall retain the registry for the period of 12 months following the end of the term of the licence. Breeding Licensing By-law No. 6851/08 Page 9 PART IV - ENFORCEMENT Definition 50. 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 51. 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. 52. 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 (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. 53. Upon request, a licensee shall provide an officer with medical records for any animal. 54. No person shall withhold, destroy, conceal or refuse to furnish any information or thing required by an officer for purposes of an inspection. 55. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. Suspension of Licence 56. 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 7 days following notice from the City specifying the particulars of the non-compliance. Revocation of Licence 57. The City Clerk may revoke a licence under any of the following circumstances: Breeding Licensing By-law No. 6851/08 Page 10 (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 58. 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. 59. 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. PART V - GENERAL Short Title 60. This by-law may be referred to as the "Breeding By-law". Repeal of Existing By-law 61. By-law No. 6299/04 is repealed. Effective Date 62. 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 21st day of April, 2008. David Ryan ~ffi/~~ Debi A. Wilcox, City Clerk SCHEDULE "1" TO BY-LAW NO. 6851/08 LICENCE FEES Animal Breeding 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.