THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY BY

THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY

BY-LAW NUMBER 2020-085

BEING A BY-LAW TO PROHIBIT OR REGULATE THE KEEPING AND LICENSING

OF ANIMALS WITHIN THE TOWN OF EAST GWILLIMBURY.

WHEREAS Section 9 to 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,

confers the power to pass by-laws regulating or prohibiting animals to a lower tier

municipality;

AND WHEREAS Subsection 9(3)(b) of the Municipal Act, 2001 confers upon a

municipality, in exercising its power to regulate and prohibit respecting a matter, to

provide for a system of licenses, permits, approvals or registration respecting the

matter, and to impose conditions as a requirement of obtaining, continuing to hold or

renew a licence, permit, approval or registration;

AND WHEREAS Subsection 10(2) (9) of the Municipal Act, 2001 permits Council of a

local municipality to enact by-laws respecting animals;

AND WHEREAS Subsection 10(2) (11) of the Municipal Act, 2001 permits Council of a

local municipality to enact by-laws respecting business licensing;

AND WHEREAS Subsection 11(3) (9) of the Municipal Act, 2001 confers the power to

pass by-laws regulating or prohibiting animals to a lower-tier municipality;

AND WHEREAS Subsection 103(1) of the Municipal Act, 2001 provides that a

municipality may pass a by-law to provide for the seizure and impounding of animals

being at large or trespassing and the sale of impounded animals under certain

conditions;

AND WHEREAS Section 105 of the Municipal Act, 2001 allows for a municipality to

require a dog to be muzzled;

AND WHEREAS Subsection 151(1) of the Municipal Act, 2001 authorizes Council of a

local municipality to pass by-laws for licensing, regulating and governing any business

carried on within the municipality;

AND WHEREAS Section 429 of the Municipal Act, 2001 provides that a municipality

may establish a system of fines for offences under a by-law of the municipality passed

under the Municipal Act;

AND WHEREAS Section 434.1 of the Municipal Act, 2001 provides that a municipality

may require a person to pay an administrative penalty if the municipality is satisfied that

a person has failed to comply with a by-law of the municipality passed under the

Municipal Act;

AND WHEREAS Subsection 434.2(1) of the Municipal Act, 2001 provides that an

administrative penalty imposed by a municipality on a person constitutes a debt of the

person to the municipality;

AND WHEREAS Section 435 of the Municipal Act, 2001 provides for conditions

governing the powers of entry of a municipality;

AND WHEREAS Section 436 of the Municipal Act, 2001 provides that a municipality

has the power to pass by-laws providing that the municipality may enter on land at any

reasonable time for the purpose of carrying out an inspection to determine compliance

with a by-law;

AND WHEREAS the Town of East Gwillimbury wishes to ensure that animals are kept

and treated in a humane manner and that the owners of animals provide good quality

care to them;

NOW THEREFORE the Council of the Corporation of the Town of East Gwillimbury

enacts as follows:

1.0 DEFINITIONS

1.1 In this By-law:

“Administrative Penalty” means a monetary penalty as set out in the Town’s

Administrative Monetary Penalty System By-law for a contravention of a designated by-

law;

“Animal” means any member of the animal kingdom, other than human but excluding

fish;

“Animal Daycare Centre” means an establishment where the caring, grooming, or

training of household pets occurs on a short-term basis (less than 12 hours within a 24-

hour period) during daytime hours, but does not include a Kennel or an animal clinic;

“Animal Enclosure” means an enclosed place for the keeping of Animals and includes

without limitation, bird lofts, bird cages, pigeon coops, dog runs, dog pens, doghouses,

rabbit hutches, catteries and reptile tanks but does not include the rear yard of a

residential property where fencing has been erected on or along the property lines for

the purposes of enclosing, in whole or in part, the rear yard itself;

“Animal Pound” means a place where stray livestock are impounded and kept until

claimed by their Owners or sold to cover cost of impounding.

“Animal Services Officer” means an Officer designated and authorized by by-law to

enforce this By-law;

“Animal Shelter” means such premises and facilities designated by the Town for the

temporary housing and care of Dogs and Cats that have been impounded or taken into

care pursuant to this By-law;

“Apiary” means a place where bees and beekeeping equipment of a beekeeper are

Kept;

“Appeal Committee” means a Committee that is appointed from time to time by

Council for the purpose of hearing appeals regarding orders pursuant to this By-law;

“Attack” means an assault resulting in physical injury or death;

"At Large” means when an Animal, save a cat, is at a place other than the property of

its Owner and not under the control of the Owner or the Owner’s authorized

representative, except where the owner of the property permits the Animal to be on the

property;

“Beekeeper” means a person who owns or is in possession of bees or beekeeping

equipment, but does not include a person who is in possession of beekeeping

equipment for the purpose of transportation, distribution or sale or who is a

manufacturer of beekeeping equipment;

“Bite” means the breaking, puncturing or bruising of the skin of a Person or domestic

Animal caused by the tooth or teeth of a Dog, and “Bite” or “Bitten”, have the

corresponding meaning;

“Business Licence” means a licence to operate a business pursuant to this By-law;

“Cat” means a domesticated feline kept as a pet;

“Control” means care, custody and control;

“Competent Person” means a Person having the strength and capacity to securely

Control a Dog so as to not permit or allow unwanted contact between the Dog and a

Person or Animal;

"Distress" means the state of being in need of proper care, water, food or shelter or

being injured, sick or in pain or suffering or being abused or subject to undue or

unnecessary hardship, privation or neglect;

"Dog” means any domesticated canine kept as a pet and includes a Working Livestock

Guardian Dog.

”Domestic Animal” means a Dog or Cat Kept by a Person.

"Dwelling Unit" means one or more habitable rooms designed and intended for use as

the home or residence of one or more Persons, and has culinary and sanitary facilities;

“Extreme Weather” means a cold warning, heat warning or other weather warning

alert issued by Environment Canada for weather in the Town of East Gwillimbury

including but not limited to extreme cold or hot weather, snow storms, freezing rain,

heavy rainfall, hurricanes, tornadoes and/strong winds;

“Fee” means the applicable fee set out in the Town’s Fees and Charges By-law, as

amended or superseded from time to time;

“Feed or Feeding” means the deliberate act of furnishing, or making food or other

sustenance available which is likely to be consumed by Wild Animals, strays, feral or

abandoned animals;

“Foster Family” means a Person who has been approved in writing by an approved

foster organization to foster Dogs and/or Cats in a foster home and who owns, keeps,

possesses, harbours or acts as a guardian of the Dog and/or Cat on a temporary basis

(less than six (6) months) until a permanent owner can be found. The Foster Family

shall be deemed the owner of the Dog and/or Cat under this By-law while the Dog

and/or Cat is under their care;

“Hen” means a female chicken;

“Keep” means to have temporary or permanent Control or possession of an Animal

and “Kept” or “Keeping” have the corresponding meaning;

“Kennel” means any building, structure, animal enclosure, dog run or other facility or

part thereof, where more than 3 Dogs or more than 4 Cats are Kept for remuneration for

the purpose caring, boarding, training, housing, feeding and/or breeding but excludes a

veterinary establishment for the purpose of observation and/or recovery necessary for

veterinary treatment.

“Leash” means a rope, chain or other restraining device used to restrain an Animal;

“Licence” means a licence issued pursuant to this By-law, and when the term “licence”

is used in reference to a Dog Licence it shall mean a Tag;

“Livestock” means an animal used or Kept for agricultural purposes to produce labor

and commodities such as meat, eggs, milk, fur, leather and wool and is regarded as an

asset;

“Manager” means the Manager, By-law Enforcement Services of the Town and his/her

designate;

“Menacing Dog” means a Dog that, without Provocation, has approached or chased

any Person or domestic Animal in a menacing, dangerous and threatening, fashion with

an apparent attitude of Attack, including but not limited to aggressive behaviours such

as growling or snarling, or a Dog that has otherwise demonstrated a propensity or

disposition to Attack without Provocation, Persons or domestic Animals;

“Muzzle” means a humane fastening or covering device made of metal, plastic, leather,

or a combination of these materials that does not interfere with the breathing, panting,

ability to drink, or vision of the Dog when fitted and fastened over the mouth of the Dog,

but that is of sufficient strength to prevent the Dog from biting;

“Muzzle Order” means an Order issued by an Animal Services Officer requiring that a

Muzzle be on a Dog;

“Nuisance” means an injurious, offensive, or objectionable condition that disturbs or is

likely to disturb the comfort, rest, and enjoyment of any Person;

“Officer” means an employee of the Town who has been appointed by by-law to

enforce the provisions of the Town’s by-laws;

“Owner” means a Person who:

a) has Control of an Animal; or

b) owns or claims a proprietary interest in an Animal; or

c) Keeps, harbours, suffers or permits an Animal to be present on any

property owned, occupied or leased by the Person or which is

otherwise under that Person’s Control; or

d) claims and receives an Animal from the custody of the Animal Shelter

or an Animal Services Officer; or

e) a Person to whom a Licence was issued for an Animal in accordance

with this By-law.

“Operator” includes a Person who alone or with others, operates, manages,

supervises, runs or controls a business, and “operate”, “operation” and other words of

like import or intent shall be given a corresponding meaning;

“Person” means an individual, firm, partnership, corporation, trust, trustee, or agent,

executors, and including the legal representatives of any person;

“Permitted Animal” means an Animal as identified in “Schedule A – Permitted

Animals” of this By-law;

“Pet Store” means a Person to whom, or to which, a Business Licence has been

issued pursuant to of this By-law for the sale, transfer or disposal of Animals;

“Pigeon” means any bird of the family Columbidae;

“Police Dog” means a Dog trained for and engaged in law enforcement by any federal,

provincial, or municipal government agency;

“Pound Keeper” means a Person or Persons employed by, under contract to, or

employed by a contractor appointed by the Town, to operate an Animal Pound for the

Town;

“Provocation” means any activity which, in the opinion of the Officer, acting in his or

her absolute discretion, may be expected to cause a Dog to Bite a Person, domestic

Animal or Dog engaging in such activity;

“Racing Pigeon” means a Pigeon which, through breeding, has developed the

distinctive physical and mental characteristics as to enable it to return to its home after

having been released a considerable distance therefrom, and which is also known as a

homer, homing pigeon, or carrier pigeon;

“Sanitary Condition” means a condition that does not result in an accumulation of

fecal matter, odour, insect infestation, or rodent attractants which endanger the health of

any Person or Animal, or that would not disturb, or would not likely disturb, the

enjoyment, comfort or convenience of any Person;

“Sanitize” means to clean for the purpose of controlling disease-producing organisms

and Sanitized has a corresponding meaning;

“Senior Citizen” means any Person over the age of 65;

“Service Animal” means an Animal that has been certified by a nationally recognized

organization or association to provide assistance to a Person, or that has successfully

completed training by a recognized school for service as a guide Animal for the visually

or hearing impaired or a special skills Animal for other disabled persons. Service Animal

includes, but is not limited to guiding, hearing or providing the necessary emotional

therapy to a Person with a disability or impairment;

“Tag” means a licence bearing a serial number and the current year in which it was

issued by the Town;

“Trap, Neuter and Return Program Operator, and “TNR Operator” means a Person

who provides a program approved by the Manager for the trapping of feral cats for the

purpose of spaying or neutering and eventual return of said cats to their outdoor home;

“Town” means the Corporation of the Town of East Gwillimbury;

“Training Order” means an Order issued by an Officer containing training

requirements, pursuant to this By-law;

“Veterinarian” means a Person qualified and authorized to practice veterinary

medicine;

“Wild Animal” means any Animal that is not domesticated but is living in nature;

“Work Order” means an Order issued under this By-law to a Person who has

contravened the By-law or to the Person who has caused or permitted the

contravention, or to the Owner of the Property where the contravention occurred,

requiring the Person or Owner to do work to remedy the contravention.

“Working/Livestock Guardian Dog” means a Dog that is specifically trained to work

and/or live with domestic farm Animals (ie. cattle, sheep, goats, etc.) without causing

them harm while aggressively repelling predators;

“Zoning By-law” means the Town of East Gwillimbury Zoning By-law 2018-043, as

amended.

2.0 REGISTRATION AND LICENSING

2.1 Every Owner of a Dog, over the age of twelve (12) weeks, shall, on or before the

day of February in each and every year, make application and pay the

required Fee to Licence and register the Dog with the Town, and provide

particulars pertaining to the Dog and its Owner in order to facilitate the

registration of such Dog, and shall further make application and provide such

information as may be required by the Town.

2.2 Every Dog Licence issued by the Town shall expire on the 31

day of December

of the same year.

2.3 Every Owner or Person in Control of, or in apparent Control of, a Dog shall Keep

the Tag securely fixed on the Dog at all times (except while the dog is being used

for hunting purposes or when a Working/Livestock Guardian Dog is actively

engaged in their duties) and shall not transfer the Licence issued to any other

Person. The Licence shall expire and become void upon sale, death, or other

means of disposal of the Dog.

2.4 A new resident of the Town shall not be required to pay a Licence fee for an

Animal if the Licence for said Animal has already been obtained for the current

year from another municipality to which he or she has previously been a resident,

provided such Licence is forfeited to the Town and the applicable Fee paid for a

replacement Tag;

2.5 Every Owner of a Dog shall forthwith notify the Town of any changes with respect

to any information provided in an application for a Licence under this By-law,

including, but not limited to, the Owner’s address and phone number.

2.6 Every Owner of a Dog shall ensure that the Dog is duly immunized against rabies

and that the immunization is current.

2.7 The applicant shall be required to attest to the fact that their Dog has been

immunized against rabies as required by the Health Protection & Promotion Act,

R.S.O. 1990,c.H.7,as amended.

2.8 The applicant shall provide the certificate of immunization against rabies, signed

by a veterinarian who performed the immunization to the Town, if requested.

2.9 The Owner of every Dog that has Bitten a Person or Domestic Animal, or is a

Menacing Dog shall:

a) Identify the Dog by microchip implementation;

b) Maintain and provide proof of current rabies vaccinations; and

c) Comply with any Order issued pursuant to this By-law and/or under

any predecessor By-law and any, or all provisions contained therein.

2.10 No Person shall give false information when applying for a Licence under this By-

law and any Person knowingly giving false information when applying for a

Licence shall have contravened this By-law.

2.11 A Licence may be denied if any of the criteria below, is not satisfied:

a) the applicant is eighteen (18) years of age or older;

b) all applicable fees have been paid; and

c) all required information has been provided.

2.12 Every Owner of a Dog, having lost the animal’s Tag for the current year, shall

immediately make application to the Town for the replacement of such Tag, and

shall, upon request provide any information as may be required by the Town.

The fee for a replacement Tag shall be in accordance with the Town’s Fees and

Charges By-law.

2.13 No Owner of a Dog shall use a Tag issued in respect of an animal for any other

animal.

2.14 No Person shall remove a Tag without the consent of the animal’s Owner.

2.15 No Person shall provide any false information to the Town when obtaining or

renewing a Licence.

2.16 The Applicant for a Licence for a Working/Livestock Guardian Dog shall pay the

applicable Fee.

2.17 A Tag shall issue at no charge to any Owner of a Service Animal, provided that

the Owner provide proof from a nationally recognized organization or association.

2.18 A Senior Citizen may pay a reduced Tag Fee.

2.19 Foster Families applying for Tags shall:

a) Complete the appropriate application form which shall be

accompanied by proof in writing from a bona-fide registered not-for-

profit animal rescue organization declaring that the Foster Family

applicant is a member in good standing;

b) Foster Families shall pay a reduced Tag Fee. When a Dog is

adopted, the Tags may, despite Section 2.3, transfer to any new Dog

under the Control of the Foster Family.

3.0 NUMBER OF DOGS

3.1 No Person shall Keep more than three (3) Dogs in any Dwelling Unit or any other

structure used for commercial, industrial, or institutional purposes within the

Town.

3.2 Section 3.1 does not apply to the following;

(a) The operation of a Kennel, Animal Daycare Centre or Pet Store

licenced under the provisions of this By-law;

(b) an animal hospital owned and operated by a veterinarian licenced by

the Ontario Veterinarian Association;

(d) Rural “RU” zoned property.

4.0 CONTROL OF DOGS

4.1 No Owner of a Dog shall cause or permit the Dog to be At Large in the Town.

4.2 No Owner shall permit a Dog to be off leash in any Town park or any other

property owned by the Town except within an off-leash park area as designated

by the Town.

4.3 Notwithstanding Section 4.2, no Owner shall allow their Dog to be At Large in a

designated off leash park, unless a current Tag is affixed to the Dog’s, collar, or

harness.

4.4 No Owner shall allow their Dog to trespass on private property even when on a

Leash.

4.5 No Person shall allow a Leash to extend to a point where the Owner cannot

reasonably Control the Dog.

4.6 Any Dog found At Large may be impounded by any Officer and delivered to the

Animal Shelter.

4.7 Every Person having Control of a Dog, including the operator of any Kennel or

Animal Daycare Centre, upon realizing that the Dog is missing or has escaped,

shall immediately notify the Animal Services Officer.

4.8 Every Police Dog is exempt from complying with this section.

4.9 Every Working/Livestock Guardian Dog is exempt from the prohibition against

being At Large when actively engaged in their duties.

4.10 Every Working/Livestock Guardian Dog shall be microchipped.

Responsibility of Animal Owners

4.11 No Owner shall permit their Animal to bark, whine or howl persistently or to

create any noise that is likely to disturb the inhabitants of the Town or that

constitutes a public nuisance.

4.12 Every Owner shall immediately remove any excrement left by their Animal on

public or private lands not being the property of the Animal Owner, and shall

dispose of such excrement in a sanitary manner in an appropriate waste refuse

container, or other means so as to not litter on public or private property.

4.13 Every Animal Owner shall remove and dispose of any excrement on their own

property in a timely manner, and in a way that does not disturb the enjoyment,

comfort, convenience of any Person in the vicinity of the property.

4.14 Every Dog Owner shall while their Dog is outdoors on the Owner’s property,

restrain the Dog by one of the following means:

(a) On a suitable Leash; or

(b) Tied in a secure and humane manner so as to prevent the Dog from

leaving the Owner’s property; or

construction to provide humane shelter for the Dog; or

(d) An enclosed fenced area which may include an invisible fence in good

working order to prevent the Dog from escaping.

4.15 No Dog Owner shall permit their Dog to Attack, with or without Provocation, any

Person or Domestic Animal.

4.16 Where a Dog has Attacked or Bitten a Person or other Animal, the Owner shall

be deemed to have permitted the Attack, Bite to occur, unless the Owner can

prove, on a balance of probabilities, that he or she took all reasonable

precautions to Control the Dog and to prevent the Attack or Bite from occurring.

5.0 CONTROL OF CATS

5.1 No Cat Owner shall allow such Cat to cause damage or create a nuisance or

disturbance to another Person, another Person’s property, or to public property.

6.0 NUMBER OF CATS

6.1 No Person shall keep more than four (4) Cats in any Dwelling Unit or any

structure used for commercial, industrial, or institutional purposes within the

Town.

6.2 Section 6.1 does not apply to the following;

(a) The operation of a Kennel, Animal Daycare Centre or Pet Store

licenced under the provisions of this By-law;

(b) an animal hospital owned and operated by a Veterinarian licenced by

the Ontario Veterinarian Association;

(d) Rural “RU” zoned property.

6.3 Notwithstanding section 6.1, a Foster Family may house or foster up to six (6)

Cats on a temporary basis provided that the Cats are the property of a

recognized shelter or rescue group.

6.4 Notwithstanding section 6.1, any Person who owns more than the permitted

number of Cats on the date that this By-law comes into force shall be permitted

to keep those cats until they have died or are otherwise disposed of, provided

that such Cats are registered with the Town within 90 days of the date that this

By-law comes into force.

7.0 IMPOUNDMENT

7.1 The Animal Services Officer may seize and impound any Dog found At Large

and may cause such Dog to be delivered to the Animal Shelter.

7.2 A Domestic Animal seized pursuant to this By-law shall be considered

impounded at the time and place when it comes under the Control of the Animal

Services Officer.

7.3 The Animal Shelter shall Keep an impounded Domestic Animal, which shall be

fed and watered, at the Animal Shelter for a minimum of five (5) business days,

exclusive of the day of impoundment, statutory holidays, or days when the

Animal Shelter is not open, during which time an Owner shall be entitled to

redeem the Domestic Animal by payment of the applicable fees.

7.4 No attempt may be made by any authority or Person to claim or purchase from

the Animal Shelter a Domestic Animal for the purpose of research, and no

Domestic Animal shall be offered for the purpose of research.

7.5 If a seized and impounded Domestic Animal is seriously injured or ill it will, at the

discretion of the Animal Shelter staff, be euthanized without delay for humane

reasons, or for public safety with all cost recovered from the Owner.

7.6 If a seized Domestic Animal is injured and the services of a Veterinarian are

required, the Owner shall not be entitled to redeem the Domestic Animal unless

the charges for such veterinary services are paid.

7.7 In order to obtain the release of an impounded Domestic Animal during the

redemption period the Owner shall:

(a) pay the required Animal Shelter fees;

(b) where the animal is unlicensed, obtain and pay for a Licence;

7.8 An Animal Services Officer and/or the Animal Shelter shall, within twenty-four

(24) hours of the impounding of a Domestic Animal, make every reasonable

effort to notify the Owner, if known, that the Domestic Animal is impounded and

the conditions whereby custody of the Domestic Animal may be regained.

7.9 Any Person shall be entitled to take charge of any Dog found At Large and

deliver same to an Animal Services Officer or Animal Shelter during normal

operating hours.

8.0 NOTICES AND ORDERS - DOGS

8.1 Where the Animal Services Officer has reason to believe that a Dog has Bitten or

Attacked any Person or Domestic Animal, the Animal Services Officer or other

duly appointed Officer may issue a Muzzle Order to the Owner requiring that the

Dog be kept muzzled and impose any other conditions deemed appropriate by

the Animal Services Officer all of which shall be set out in the Order. Such Order

shall set out the conditions necessary to ensure the health and safety of the

Owner, the Dog, and other Persons and Animals.

8.2 Notwithstanding Section 8.1, absent a bite, a Muzzle Order may be issued by the

Animal Services Officer, if in the opinion of the Animal Services Officer, the Dog

has a temperament, disposition or history of aggressive behaviour; or is a

Menacing Dog.

8.3 Where an Animal Services Officer has reasonable grounds to believe that a Dog

may engage in an aggressive act, an Animal Services Officer may issue a

Training Order requiring the Dog to receive training in a form and within such

time as may be set out by the Animal Services Officer in the Training Order.

8.4 Where a Training Order has been issued in respect of a Dog, the Dog’s Owner

shall provide proof of compliance with the Training Order to the Town within the

timeline imposed.

8.5 A Muzzle Order and Training Order may be served by delivering it personally to

the Dog’s Owner or by sending it registered mail to the last known address of the

Dog’s Owner.

8.6 Where the Muzzle Order and Training Order are served by registered mail,

service is deemed to be made on the fifth calendar day after mailing.

8.7 Notwithstanding any other provision of this By-law, when a Muzzle Order has

been served, the Dog’s Owner:

(a) shall not permit the Dog to be off the Owner’s premises unless it is

properly Leashed and Muzzled;

(b) shall ensure that the Dog does not Bite, chase or Attack a Person or

Domestic Animal on any property, including that of the Owner;

confine it within a fenced yard capable of preventing the Dog from

escaping;

(d) shall keep the Dog under the Control of a Person at least sixteen (16)

years of age when the Dog is not on the Owner’s premises;

(e) shall notify the Manager within forty-eight (48) hours of the event if the

Dog is transferred to a new location or if the ownership of the Dog is

transferred to another Person;

(f) shall not contravene any conditions imposed by the Muzzle Order;

(g) shall not permit the Dog to enter at any time, any off-leash dog park or

zone;

(h) shall within thirty (30) days of service of the Muzzle Order, have the

Dog identified with a microchip implantation at the Owner’s expense

and register the said microchip number with the Manager; and

(i) shall notify the Manager within forty-eight (48) hours of the event

should the Dog be destroyed.

8.8 A Muzzle Order expires when the Dog dies or the Manager is satisfied that the

Dog no longer resides in the Town.

9.0 MUZZLE ORDER APPEAL HEARING

9.1 Where a Muzzle Order has been issued, the Dog Owner may apply for a hearing

to appeal the Order to the Appeal Committee.

9.2 A request for a hearing shall be made in writing and shall be accompanied by the

applicable, non-refundable appeal Fee, and delivered to the secretary of the

Appeal Committee within ten (10) business days after the Muzzle Order has

been served.

9.3 Upon receipt of the request for a hearing from the Dog Owner, the secretary of

the Appeal Committee shall convene a meeting of the Appeal Committee, as

soon as is practicable and notify the Dog Owner and any victim(s) of the Attack

of the time, date and location of the hearing.

9.4 Notwithstanding that an Owner has applied for a hearing to appeal the Muzzle

Order, the Muzzle Order takes effect when it is served on the Person to whom it

is directed and remains in effect until the Appeal Committee has made its

decision on the appeal.

9.5 The Dog Owner and any other interested Person may appear at the hearing and

present oral or written evidence relating to the Dog.

9.6 If the Dog Owner fails to appear at the hearing, the Muzzle Order shall be

deemed to be in full force and effect as if no appeal had been filed and shall be

final and binding with no further right of appeal.

9.7 The Appeal Committee shall deliberate the merits of the evidence presented and

shall render its decision at the meeting or shall reserve its decision to be

presented later, which shall not be later than ten (10) business days following the

date of the hearing.

9.8 The Appeal Committee may:

(a) confirm the requirements of the Muzzle Order;

(b) exempt the Owner in whole or part from any requirement set out in the

Muzzle Order;

Appeal Committee deems appropriate.

9.9 The decision of the Appeal Committee is final and binding with no further right of

appeal.

9.10 The Notice of the hearing or any matter which arises relating to the proceedings

of the Appeal Committee not covered by this By-law shall be governed by the

Statutory Powers Procedures Act.

10.0 BUSINESS LICENCES

General Provisions

10.1 No Person shall operate a Kennel. Animal Daycare Centre or Pet Store within the

Town without first obtaining a Business Licence.

10.2 Notwithstanding any other provisions of this By-law, every Owner or Operator of

a Kennel, Animal Daycare Center or Pet Store shall obtain a Business Licence

issued by the Town for each calendar year, prior to February 28

of that year.

10.3 Every Business Licence applicant shall pay the required Fee.

10.4 A Business Licence shall not be issued or renewed unless the applicant complies

with the requirements of all other applicable laws including the Town’s

Comprehensive Zoning By-law.

10.5 Every Kennel, Animal Daycare Center and Pet Store is subject to inspection to

ensure compliance with the provisions of the By-law prior to a Business Licence

being issued or renewed.

10.6 Every Owner/Operator of a Kennel, Animal Daycare Center or Pet Store shall:

(a) maintain a current Business Licence issued under this By-law;

(b) permit an Officer, upon production of proper identification, to enter and

inspect the premises at all reasonable times for the purposes of

determining compliance with the Business Licence, this By-law, and

any other applicable law;

are not subjected to persistent barking, calling, whining or other similar

persistent noise making by Dogs kept at such premises;

(d) post the Business Licence in a conspicuous place at the licenced

premises;

(e) notify the Manager within seven (7) days of any change in his or her

business or residential address;

(f) ensure the premises are sanitary, well ventilated, and free of offensive

odours;

(g) ensure that before any Animal is taken into any Kennel, Animal

Daycare Center or Pet Store, that the Animal is current in its

vaccinations against rabies and that every Animal has been inspected

for distemper or other contagious or infectious disease;

(h) ensure all Dogs boarded or Kept at a Kennel, Animal Daycare Center

or Pet Store are individually licenced with a Tag for the current year

from the municipality in which the Dog resides;

(i) record, the names and addresses of the Owners of the Animals

boarded at the Kennel or Animal Daycare Center including emergency

contact number for the Owners;

(j) record, the name, breed, description, health, Tag number, vaccination

information and micro-chip number if available and the date of arrival

and departure of all Animals;

(k) ensure the records are available for inspection by the Town during

business hours; and

(l) permit an Officer, upon production of proper identification, to enter and

inspect the Pet Store at all reasonable times for the purposes of

determining compliance with the Business Licence, this By-law, and

any other applicable law.

10.7 Notwithstanding the provisions of this By-law, the Town reserves the right to

impose specific conditions on any Business Licence issued pursuant to this By-

law.

10.8 A Business Licence issued pursuant to this By-law is non-transferrable. If the

business is sold or there is a change in its control, the Business Licence shall

immediately terminate, and the new owners shall be required to apply for a new

Business Licence.

10.9 Every Owner/Operator of a Kennel, Animal Daycare Center or Pet Store in

existence at the time of the passage of this By-law shall comply with the

Business Licencing requirements of this By-law within six (6) months of the date

of passing of this By-law.

Care and housing of Animals

10.10 Every Owner/Operator of a Kennel, Animal Daycare Centre or Pet Store shall:

(a) provide adequate food specific to the Animals’ needs;

(b) ensure that every Animal has access to clean water at all times;

(d) keep Animal(s) in clean, healthy conditions, free of vermin, waste and

disease;

(e) provide adequate light specific to the needs of each species of Animal;

(f) provide Animals with the opportunity to exercise;

(g) ensure Animals have access to shelter;

(h) 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;

(i) ensure that every cage or other container used for the purpose of

Keeping or housing of any Animal 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 lie down in a fully extended

position;

(j) shall keep no more than one Animal per cage, unless the Animals are

a bonded pair or are nursing;

(k) Keep the Animals in a Sanitary Condition, well bedded, well ventilated,

free from offensive odours is naturally lit, clean and maintained at a

healthful temperature at all times;

(l) every run or pen area must be regularly cleaned and Sanitized with

excrement removed and properly disposed of daily; and

(m)shall have regard to the guidelines set out in “A Code of Practice for

Canadian Kennel Operations”, as amended and superseded from time

to time.

Kennels

10.11 In addition to the general licensing requirements set out herein, every Person

who applies for a Business Licence to operate a Kennel shall comply with the

following additional requirements:

(a) the Kennel and its location must conform to the Town’s Zoning By-law

and the Ontario Building Code;

(b) the Kennel shall have a floor of concrete or other impermeable material

and such floor shall be thoroughly cleaned daily, or more often if

necessary;

proper ventilation or a system to provide air ventilation and free air

supply, a heating system sufficient to adequately heat the structure,

hot and cold running water and a food preparation area;

(d) dog runs, pens, exercise yards and all related structures and Animal

Enclosures used in connection with the operation that are located

adjacent to a zone that permits a dwelling or is located adjacent to a

public road, shall be screened by a solid fence or structure that cannot

be seen through and having a required minimum height of 1.8 metres;

(e) dog runs, pens, exercise yards and all related structures and Animal

Enclosures shall not be permitted in the front yard, unless otherwise

permitted by the Zoning By-law; and

(f) the number of Dogs at a Kennel shall not exceed 50.

Animal Daycare Center

10.12 In addition to the general licensing requirements set out herein, every Person

who applies for a Business Licence to operate an Animal Daycare Center shall

comply with the following additional requirements:

(a) the Town’s Zoning By-law;

(b) Ontario Building Code; and

Pet Stores

10.13 In addition to the general licensing requirement set out herein, every Person who

applies for a Business Licence to operate a Pet Store shall comply with the

following additional requirements:

a) the Operator does not permit the sale, transfer or disposition of a

Domestic Animal except one that is acquired by the Operator from a

municipal animal shelter, registered humane society, registered

shelters, or a recognized animal rescue group;

b) provide to every purchaser of a Domestic Animal a health assessment

from a licensed Veterinarian to verify the animal has received

veterinary care;

c) not keep or sell any sick, injured, or diseased Animals;

d) the Pet Store shall be maintained at all times in a Sanitary Condition,

well-ventilated, clean condition, and free from offensive odours;

e) Every Animal shall be kept in a sanitary, well-bedded, well-lighted,

clean quarters, kept at a temperature appropriate for the health

requirements of the type or species of Animal housed therein;

f) not display any Animal in an exterior display window;

g) not permit to be sold, offer for sale, or give away any Animal before it

has reached the normal weaning age, based on known requirements

of that particular species; and

h) give the purchaser on any sale or disposition of any Animal, a receipt

showing the name and address of the vendor and the purchaser, the

date of sale, the sale price, the breed or crossbreed, sex, age, and

description.

10.14 Every Pet Store shall maintain a registry of each Domestic Animal purchased or

otherwise obtained. Each entry shall be made at the time each Domestic Animal

comes into the possession of any Owner, employee, or Person associated with

the Pet Store and shall include:

a) the date of purchase;

b) a full description of the Domestic Animal;

c) the name, address, and contact information of the Person from

whom the Domestic Animal was purchased or otherwise obtained;

and

d) the Pet Store shall retain the register in respect of each transaction

for the period of twelve (12) months thereafter.

Application for a Business Licence or Business Licence Renewal

10.15 An application for a Kennel, Animal Daycare Center or Pet Store Business

Licence, or renewal, shall be submitted in the proper form, and shall include a

detailed site plan on all new applications and/or on any proposed expansion to

the operation, to the satisfaction of the Manager.

10.16 The Manager is authorized to process Business Licence applications in

accordance with this By-law.

10.17 The Manager shall issue a Business Licence where the Manager is satisfied that

the applicant has complied and will comply at all times with this By-law and all

applicable laws.

10.18 A Licence issued under this By-law will expire on the 31st day of December of

the same year.

10.19 Prior to issuance of a Licence, the applicant may be required to obtain Site Plan

Approval from the Town.

10.20 The Manager, may suspend a Business Licence if the Operator fails to comply

with any provision of this By-law and such non-compliance is not remedied within

seven (7) days following the notice from the Town specifying the particulars of

the non-compliance. The Manager has the authority to revoke the Licence if

necessary.

Insurance

10.21 Every applicant for a Business Licence shall file with the Manager proof of

insurance of Commercial General Liability insurance coverage subject to limits of

not less than two million dollars ($2,000,000.00) inclusive per occurrence for

bodily injury, death and damage to property, including loss of use thereof or such

higher limits and additional coverage that the Manager may require.

10.22 The proof of insurance shall contain an endorsement to provide the Manager with

thirty (30) days prior written notice of any cancellation or of a material change.

11.0 APPLICATION, SUSPENSION, CANCELLATION AND REFUSAL OF A

BUSINESS LICENCE

11.1 The Manager may revoke, suspend, cancel, or refuse to renew or issue a

Business Licence:

a) where the past conduct of the applicant or licensee affords reasonable

grounds to believe that the applicant or licensee will not carry on the

activity for which the applicant is applying for; or

b) where the applicant or licensee has been found by the Manager or

Officer to fail to comply with any provision of this By-law or other

applicable laws; or

c) where the applicant has been found by the Manager to have provided

false information in order to obtain a Business Licence.

11.2 Upon such revocation, suspension, cancellation, or refusal to issue or renew a

Business Licence, the Manager shall provide a formal letter outlining the

reason(s) for the refusal which shall be delivered to the applicant or licensee

within seven (7) business days. Such notice shall set out and give reasonable

particulars of the ground(s) for the decision and options for an Appeal Hearing.

11.3 An applicant for a Business Licence, or a renewal thereof, may request a hearing

before the Appeals Committee for reconsideration of the Manager’s decision to

revoke, suspend, cancel, or refuse to issue or renew a Business Licence by

delivering a written request to the secretary of the Appeal Committee within

fourteen (14) days of the Manager’s decision being sent.

11.4 Where a request has been provided to the Appeal Committee, the appellant shall

pay a non-refundable Appeal Fee.

11.5 The appellant shall have the right to make a submission in support of an

application or renewal or retention of a Licence before the Appeal Committee.

11.6 Failure of the appellant to attend the scheduled hearing before the Appeals

Committee shall result in the proceeding of the hearing.

11.7 The decision of the Appeals Committee in final and binding.

11.8 No Person shall conduct or market any business pursuant to their Business

Licence during a period of suspension of that Business Licence.

12.0 KEEPING OF ANIMALS

General Provisions

12.1 No Animal Owner shall, knowingly, or unknowingly, allow an Animal to be At

Large within the geographic limits of the Town.

12.2 Every Owner who Keeps or harbours Livestock shall prevent the Animals from

leaving the property at any time by erecting a perimeter fence or other interior

enclosure, and further such Owner shall keep the said perimeter fence or other

interior enclosure in good repair.

12.3 No Person shall Keep, or cause to be kept any Animal unless it is listed in

Schedule ‘A’ – Permitted Animals in the Town, with the following exemptions:

(a) the premises of an accredited veterinary hospital under the care of a

licenced Veterinarian;

(b) Service Animals provided a letter is supplied by a qualified practitioner

detailing why the Animal is required, how the Animal shall be kept and

cared for, and provided the Animal does not pose a risk for health and

safety of another Person;

(d) schools or education facilities and programs; or

(e) any premises holding a licence under any Statute of the Province of

Ontario or Dominion of Canada which permits the Keeping of animals

under stated conditions, including the premises of any wildlife

rehabilitation centre.

12.4 Despite subsection 12.3, a Person who owns a prohibited Animal on the date this

By-law comes into effect may keep such Animal until the Animal dies or is

otherwise disposed of, provided that the Animal is kept in an environment which

is appropriate for the species and the Owner has registered such Animal with the

Town within 30 days of the date that this By-law comes into effect.

12.5 No Person shall knowingly or unknowingly, Keep, own or harbour, or permit to be

Kept, owned, or harboured, within the Town any Wild Animal.

12.6 No Person shall knowingly or unknowingly, Keep, own or harbour, or permit to be

kept, owned, or harboured, within the Town any protected and/or endangered

animals, native or exotic, whose possession or sale is prohibited pursuant to

applicable law.

12.7 No Person shall Keep, or cause to be Kept, more than six (6) Animals on any

premises, but this prohibition does not apply to the following:

(a) a Kennel, Animal Daycare Centre or Pet Store;

(b) an animal hospital owned and operated by a Veterinarian licenced

by the Ontario Veterinarian Association;

(d) the keeping of Animals on lands zoned and used for agricultural

purposes; and

(e) the keeping of Pigeons.

12.8 No Person shall Keep any Animal in a condition which disturbs or is likely to

disturb the enjoyment, comfort, or convenience of any Person.

12.9 No Person shall Keep any Animal in a condition that endangers or is likely to

endanger the health of any Person or Animal.

12.10 No Person shall house Livestock in a structure that fails to meet the Ontario

Ministry of Agriculture and Rural Affair (OMAFRA) minimum distance separation

(MDS) requirements.

12.11 Where Livestock is housed in a structure not requiring a building permit, the

structure shall have a minimum setback of seven (7) metres from the property

line.

Animal Care Provisions

12.12 Every Owner of an Animal shall treat the animal in a humane manner, including

but not limited to the provision of:

(a) a shelter for the Animal that is waterproof and that protects it from

exposure to the elements;

(b) a shelter for the Animal that is adequate for its size and breed;

(d) access to shade during warm weather which is in addition to shade

provided by an Animal Enclosure;

(e) Sanitary Conditions for the Animal; and

(f) adequate veterinary care deemed necessary by a reasonable

prudent Person to relieve the Animal from Distress.

12.13 No Person shall Keep an Animal tethered on a rope, chain or similar restraining

device unless the tether:

(a) is at least three (3) meters in length;

(b) is attached to a permanently fixed object;

of such tether;

(d) the Animal cannot suffer injury as a result of tethering;

(e) allows the Animal to have access to adequate water, food, shelter,

and shade.

12.14 No Animal shall be tethered for longer than three (3) hours, consecutive or not,

within the same calendar day. For greater clarification, if the Animal is observed

being tethered for any amount of time within a one (1) hour period, it is deemed

to have been there for one (1) of the three (3) hours during that calendar day.

12.15 The Owner of an Animal shall ensure that such Animal is not left unattended

while tethered or tied on premises where the public has access, whether the

access is expressed or implied.

12.16 The Owner of an Animal left unattended in a motor vehicle shall ensure that:

(a) the Animal is restrained in a manner that prevents contact between

the Animal and any member of the public;

(b) the Animal has suitable ventilation; and

cause distress and/or death.

Pound Keepers – Livestock

12.17 Where an Animal is found to be At Large, the Pound Keeper may try to contact

the Owner to retrieve their Animal or may impound any Animal found At Large.

12.18 A Pound Keeper shall make reasonable efforts to determine the identity of the

Owner of the Animal and to inform the Owner and the Town Clerk that an Animal

has been impounded, in accordance with the Pounds Act, R.S.O. 1990, c P.17.

12.19 In the event that the Pound Keeper does not find the Owner, the Town Clerk,

upon receiving a notice from the Pound Keeper, shall post such notice in a

conspicuous place at the Town office for the total number of days during which

period such Animal can be redeemed in accordance with the By-law. The Pound

Keeper shall make reasonable inquiries with any persons who may live in the

immediate area in which the Animal was found At Large to determine the Owner

of the Animal.

12.20 The Owner of any Animal impounded pursuant to this By-law may obtain the

release of said Animal upon payment to the Town of the cost incurred for the

capturing, impounding and care of the Animal, including any fines being issued.

12.21 Where an Animal is injured before or after being seized or impounded, and in the

opinion of the Pound Keeper should be destroyed without delay for humane

reasons or for reasons of safety to persons or Animal, the Pound Keeper, may

destroy the Animal in a humane manner at any time after being seized or

impounded, The Animal’s Owner shall pay the Town the cost of construction

together with all other applicable fees.

12.22 Where an Animal is seized or impounded by the Pound Keeper, and the services

of a Veterinarian are required, the Owner shall pay to the Town all veterinary

fees in addition to the costs incurred for the capturing, impounding and care of

the Animal.

12.23 If an Animal impounded by the Pound Keeper pursuant to this By-law is not

claimed within five (5) days after impounding, or if the damages, penalties and

expenses imposed by this By-law are not paid, within the timelines as outlined in

the Pounds Act, the Pound Keeper may sell the Animal and the proceeds of such

sell shall be applied to:

(a) any expenses incurred by the Pound Keeper in selling the Animal;

(b) any expenses incurred by the Pound Keeper for services rendered to

the impounded Animal;

prepared by the Pound Keeper; and

(d) to the Town.

13.0 KEEPING OF PIGEONS

13.1 No Person shall Keep more than six (6) Pigeons on any lot in a residential zone;

13.2 Despite Section 13.1, any Person who is a member in good standing of a

recognized Pigeon club which is affiliated with a national organization may Keep

or harbour up to 30 Racing Pigeons on a residential lot.

13.3 Every Owner of a Pigeon shall:

(a) ensure that each Pigeon shall wear a leg band that identifies the Owner of

the bird, and shall register these numbers with the recognized Pigeon club

which is affiliated with a national organization;

(b) ensure all Pigeons are not kept in, upon, or under any building used for

human habitation;

which shall provide a minimum space of one (1) square metre of loft space

for every 10 birds, and shall be constructed as to prevent escape of

Pigeons and be Kept in a Sanitary Condition at all times;

(d) ensure the bird enclosure is located no less than seven (7) metres from

any dwelling, shop or apartment building, and no less than three (3) metres

from any adjoining property line and in the rear yard;

(e) ensure the Pigeons do not stray, perch, roost, nest or rest upon any

premises other than on premises of the Owner;

(f) Keep the Pigeons in a building, structure, loft, pen, coop or run which is

maintained by regular painting or with permanent siding;

(g) Sanitize, lime wash, paint or 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, at least four

times per calendar year;

(h) remove and dispose of in a sanitary manner, at least twice each week, all

Pigeon droppings and refuse within or adjacent to all buildings, structures,

loft, pens, coops and runs used for the Keeping of Pigeons, it being

understood that this requirement shall not apply when below freezing

temperatures prevent waste removal and disposal;

(i) store all Pigeon feed in rodent-proof containers;

(j) Keep all equipment associated with the Keeping of Pigeons under cover;

(k) Keep the Pigeons enclosed at all times, except to allow a maximum of two

flights per day, which no more than fifty (50) percent of the total number of

Pigeons being kept shall be permitted to be At Large during any particular

flight period, it being understood that this restriction shall not apply to

members of a Racing Pigeon club when the members are participating in a

bona fide flight conducted by the club; and

(l) the release of the Pigeons for flights shall be under the supervision of the

Pigeon Owner, or some other competent person.

13.4 Section 13.1 does not apply to any Person who, at the time this By-law came into

force and effect and since that time, has kept more than the maximum permitted

number of such Pigeons, provided that:

(a) said Person provides written proof with the Town that he or she is a

member of a recognized Pigeon Racing Club, and

(b) Pigeons that exceed the maximum permitted number shall not be

replaced when they are transferred, lost or die.

14.0 RESIDENTIAL BACKYARD HENS

14.1 No Person shall keep a Hen on a lot having an area less then one (1) acre.

14.2 Hen coops shall only be permitted in the rear yard.

14.3 Hen coops and hen runs shall be maintained in a Sanitary Condition and the

coop shall be kept free of obnoxious odours, substances, and vermin.

14.4 A Hen shall be kept in an enclosed hen run when not in their coop.

14.5 No person shall Keep more than six (6) Hens on a lot in any zone, except a rural

zone.

14.6 Every Hen Owner shall ensure that the enclosure is located no less than seven

(7) metres from any dwelling, shop, or apartment building, and no less than three

(3) metres from any adjoining property line.

14.7 A Hen enclosure shall be a minimum size of ten (10) square feet per Hen.

14.8 Home slaughter of hens is prohibited in a residential zone.

14.9 Deceased hens shall be disposed of at a livestock disposal facility or through the

services of a veterinarian.

14.10 No Person shall Keep a rooster in any residential zone.

15.0 APIARIES

15.1 No Person shall Keep an Apiary on a lot having an area of less then one (1) acre.

15.2 An Apiary shall only be permitted in a rear yard.

15.3 An Apiary cannot be placed within 30 metres of a property line separating the

land on which the hives are placed, or from land occupied as a dwelling or used

for a community centre, public park or other place of public assembly or

recreation.

15.4 A Beekeeper shall comply with the Bees Act.

16.0 FEEDING OF WILDLIFE

16.1 No Person shall Feed a Wild Animal or leave food or attractants of any type or in

any form out of doors in such a manner as to attract, or be accessible by, a Wild

Animal, feral or stray domestic Animal on private or public property.

16.2 Section 16.1 does not apply to the Feeding of songbirds on a property, provided

the owner or occupier of the property places seed in a bird feeding device that is

sufficiently above grade and maintained in a Sanitary Condition so as to not

create a Nuisance.

16.3 Section 16.1 does not apply in the following situations:

(a) the leaving of food as bait in a humane trap by a property owner to

capture a nuisance Animal inhabiting or habituating their property;

(b) the leaving of food as bait by a licensed trapper or an employee of a

licensed wildlife or pest control agency, an Officer, or a provincial animal

welfare inspector; or

17.0 ORDER TO DISCONTINUE ACTIVITY

17.1 An Officer may issue an Order requiring any Person to discontinue a

contravention of this By-law.

17.2 An Order under this section shall identify:

(a) the location of the Property on which the contravention occurred;

(b) reasonable particulars of the contravention of the By-law; and,

17.3 An Order under this section may be given orally or in writing and if in writing, may

be served personally on the Person to whom it is directed or sent by registered or

regular mail to the last known address of that Person. If the Order is delivered by

mail to the last known address of that Person, it shall be deemed to have been

received on the third day after it is mailed. An affidavit of service shall be

admissible as evidence in any proceeding as proof of service of mailing of the

Order.

18.0 POWERS OF ENTRY AND INSPECTION

18.1 Officers and Persons acting under their direction may, at any reasonable time, or

at any time when a contravention is occurring or alleged to be occurring, enter

onto any Property to determine if the provisions of this By-law are being complied

with and may enter onto any Property to carry out any remedial actions required

to bring the Property into conformity with the By-law.

19.0 WORK ORDERS

19.1 Where a Person contravenes this By-law, an Officer may issue a Work Order to

the Person or the Owner of the Property where the contravention occurred,

directing them to do the work set out in the Work Order to correct the

contravention. The Person or Owner shall comply with the Work Order within the

time specified in the Work Order.

19.2 The Order shall set out the:

(a) reasonable particulars of the contravention adequate to identify the

contravention on which the contravention occurred; and

(b) work to be done and the date by which the work must be done.

19.2 An Order under this section may be given orally or in writing and if in writing, may

be served personally on the Person to whom it is directed or sent by regular mail

to the last known address of that Person. If the Order is delivered by regular mail

to the last known address of that Person, it shall be deemed to have been

received on the third day after it is mailed. An affidavit of service shall be

admissible in evidence in any proceeding as proof of service of mailing of the

Order.

19.3 The Town may recover the remedial action and enforcement cost incurred under

Subsection 19.1 of this By-law by legal action and/or by adding them to the tax

roll and collecting them in the same manner as property taxes in accordance with

Section 446 of the Municipal Act.

20.0 PENALTY PROVISIONS

20.1 Every Person who contravenes any of the provisions of this By-law is guilty of an

offence and on conviction is liable to a fine as provided for in the Provincial

Offences Act, R.S.O. 1990, c. P. 33, as amended.

20.2 Upon conviction, any fine imposed under this By-law may be collected under the

authority of the Provincial Offences Act, as amended.

20.3 Every Person who is guilty of an offence under this By-law shall be subject to the

following penalties:

(a) Upon a first conviction, shall be liable to a fine of not less than

$300.00 and not more than $50,000.00;

(b) Upon a second or subsequent conviction for the same offence, to a

fine of not less than $500.00 and not more than $100,000.00;

$500.00 and the maximum fine shall be $10,000.00 for each day of

part of a day that the offence continues.

(d) Upon conviction for multiple offence, for each offence included in the

multiple offence, the minimum fine shall be $500.00 and the maximum

fine shall be $10,000.00.

20.4 For the purpose of this By-law, “multiple offence” means an offence in respect of

two or more acts or omissions each of which separately constitutes an offence

and is a contravention of the same provision of this By-law.

20.5 For the purpose of this By-law, an offence is a second or subsequent offence if

the act giving rise to the offence occurred after a conviction had been entered at

an earlier date for the same offence.

21.0 CONTINUATION, REPETITION PROHIBITED BY ORDER

21.1 The court in which the conviction has been entered, and any court of competent

jurisdiction thereafter, may make an order prohibiting the continuation or

repetition of the offence by the Person convicted, and such order shall be in

addition to any other penalty imposed on the Person.

22.0 ADMINISTRATIVE PENALTIES

22.1 Instead of laying a charge under the Provincial Offences Act, for breach of any

provision of this By-law, an Order, a Work Order, or any other order issued

pursuant to this By-law, an Officer may issue an Administrative Penalty to the

Person who has contravened this By-law.

22.2 The Officer has the discretion to either proceed by way of an Administrative

Penalty or a charge laid under the Provincial Offences Act. If an Administrative

Penalty is issued to a Person for the breach, no charge shall be laid against that

same Person for the same breach.

22.3 The amount of the Administrative Penalty for a breach of a provision of this By-

law, issued under this By-law, is fixed as set out in an Administrative Penalty By-

law as amended, or any successor By-law.

22.4 A Person who is issued an Administrative Penalty shall be subject to the

procedures as provided for in an Administrative Penalty By-law, as amended, or

any successor By-law.

22.5 An Administrative Penalty imposed on a Person pursuant to this By-law that is

not paid within 15 days after the day it becomes due and payable, constitutes a

debt of the Person to the Municipality and may be added to the municipal tax roll

and collected in the same manner as municipal taxes.

23.0 COLLECTION OF UNPAID FINES

23.1 Where a fine is in default, the Municipality may proceed with civil action against

the Person upon whom the fine has been imposed, pursuant to the Provincial

Offences Act.

23.2 The Municipality may make a request to the treasurer of the local municipality to

add any part of a fine that is in default to the tax roll for any Property in the local

municipality for which all the Owners are responsible for paying the fine, and

collect it in the same manner as municipal taxes.

24.0 ENFORCEMENT

24.1 The provisions of this By-law may be enforced by an Officer.

24.2 An Officer who has reasonable grounds to believe that a Person has

contravened any provision of this By-law may require that Person to provide their

identification to the Officer.

24.3 Every Person who is required by an Officer to provide identification under section

24.2 shall identify themselves to the Officer. A Person giving their correct name,

date of birth, and address shall constitute sufficient identification. Failure to

provide sufficient identification shall constitute obstruction of the Officer and is an

offence under this By-law.

25.0 OFFENCES

25.1 Any Person who contravenes or fails to comply with any provision of this By-law,

an Order, Work Order, or any other order issued pursuant to this By-law is guilty

of an offence.

25.2 No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer

who is exercising a power or performing a duty under this By-law.

25.3 No Person shall fail to comply with any condition or term of any Order, Work

Order, or any other order issued under this By-law. If there is a contravention of

any provision of this By-law, and the contravention has not been corrected, the

contravention of the provision shall be deemed to be continuing offence for each

day or part of a day that the contravention remains uncorrected.

26.0 VALIDITY AND SEVERABILITY

26.1 If any provision or part of this By-law is declared by any court or tribunal of

competent jurisdiction to be illegal or inoperative, in whole or in part, or

inoperative in particular circumstances, the balance of the By-law, or its

application in other circumstances, shall not be affected and shall continue to be

in full force and effect.

26.2 This By-law comes into force and effect on the day it is passed.

27.0 INTERPRETATION

27.1 Where a provision of this By-law conflicts with a provision of this or any other by-

law, statute or regulation, the provision that establishes the higher standard to

protect the health, safety and welfare of the general public shall be applicable.

28.0 SHORT TITLE

28.1 This By-law may be cited as the “Animal Care and Control By-Law”

29.0 REPEALED

29.1 That By-laws #2004-119 as amended, #2001-115, #2000-64 and #91-48 are

hereby repealed in their entirety.

ENACTED and PASSED this 20

day of October, 2020.

Virginia Hackson, Mayor

Fernando Lamanna, Municipal Clerk

SCHEDULE “A” – PERMITTED ANIMALS

Permitted Animals include the following:

AGRICULTURAL LIVESTOCK

1. Animals that are raised in an agricultural setting to produce farming labour or

agricultural commodities;

AMPHIBIANS

2. Amphibians of the non-poisonous type;

ARCHNIDS

3. Arachnids of the non-venomous type and not from the theraphosidae (tarantulas)

family of spiders;

BIRDS

4. Birds that are Kept in compliance with all provincial and federal regulations;

MAMMALS

5. Cats;

6. Dogs;

7. Domesticated Ferrets;

8. Domesticated Hedgehogs;

9. Domesticated Rabbits;

10. Domesticated Chinchillas;

11. Domesticated Degus;

12. Domesticated Mice;

13. Domesticated Rats;

14. Domesticated Gerbils;

15. Domesticated Guinea Pigs;

16. Domesticated Hamsters;

FISH

17. Ornamental fish, except those that are wild-caught, Kept in compliance with all

provincial and federal regulation;

REPTILES

Permitted reptiles are of types that are non-venomous and non-constrictive and do not

exceed 30 cm in length at maturity, with the exception of snakes which may not exceed

45 cm at maturity, and include:

18. Domesticated Turtles, except for Chelydridae (snapping turtle);

19. Domesticated Bearded Dragons;

20. Domesticated Geckos;

21. Domesticated Iguanas;

22. Domesticated Lizards;

23. Permitted snakes that are non-venomous and of a non-constrictive type.