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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-