THE CORPORATION OF THE TOWN OF BRACEBRIDGE BY-LAW NO

Transcription

1 THE CORPORATON OF THE TOWN OF BRACEBRDGE BY-LAW NO BENG A BY-LAW TO PROHBT THE KEEPNG OF CERTAN ANMALS WTHN THE TOWN OF BRACEBRDGE (Exotic and Wild Animal Control) WHEREAS Section 210 of the Municipal Act R:S.O. 1990, Ch 1-4, C.m 45, authorizes the council of a municipality to pass by-laws to prohibit or regulate the keeping of animals or any class thereof with the municipality; AND WHEREAS the Town deems it desirable for the protection of the public interest to pass a by Jaw to prohibit the keeping of certain animals within the limits of the Municipality of the Town of Bracebridge; NOW THEREFORE the Council of the Corporation of the Town of Bracebridge enacts as follows: DEFNTONS 1. n this by-jaw: "Animal" means any live non-human vertebrate or invertebrate including a bird or reptile. "Animal Control Officer" means a by-jaw enforcement officer employed by the Corporation of the Town of Bracebridge or any other agency, society, association or person(s) appointed to enforce this by-jaw; "Animal Centre" means facility operated by or for the Town of Brace bridge for the keeping of animals that are stray, sick, injured or below a releasable age; "At large" shall mean being found on any other property than that of the owner of the animal and not under the control of the owner, except where the owner of the property permits the animal to be on his or her property; "Domestic fowl" means and includes chickens, geese, ducks, turkeys or other such poultry and includes games birds where game birds are kept pursuant to a license under the Game and Fish Act, the Migratory Bird Convention Act or any other provincial or federal statute; "Dwelling Unit" means one or more habitable rooms intended for use by a single family in which separate kitchen and sanitary facilities are provided; "Exotic Animal" means any animal not indigenous to Canada and/or not commonly kept as a household pet in Canada whether or not such animal is classified as wild. Prohibited animals are set out in Schedule A of this by-law; "Owner" means any person or persons who possess, harbour or have custody of an animal and shall include a person who is temporarily the keeper or in control of an animal; "Releasable age" means the age at which the animal is able to fend on its own and is deemed to be four months after birth or as deemed suitable by a qualified veterinarian; "Service animal" means any animal trained and kept principally to assist persons with a visual, hearing or other impediment. Documentation supporting this designation must be available for review. GENERAL PROHBTONS 2( 1) Except as provided in subsection 2(2) of this by-law, the keeping, owning or harbouring of any animal listed in Schedule "A" to this by-law is prohibited anywhere in this municipality. 2(2) Notwithstanding subsection 2( 1) this prohibition shall not apply to: (a) An animal centre operated by the Ontario Society for the Prevention of Cruelty to Animals or the Town of Bracebridge or its designated agent; (b) A veterinary hospital under the care of a licensed veterinarian; (c) Premises registered as a research facility pursuant to the Animals for Research Act, R.S.O. 1990, c.a.22; (d) A person or persons conducting an animal exhibition or educational program including but not necessarily limited to a person conducting a rodeo, circus or petting zoo provided the event or program is sanctioned by Bracebridge Municipal Council; (e) The keeping of certain livestock for use, propagation or for profit where they are kept pursuant to all applicable provincial and federal statutes; where agricultural uses are permitted by the zoning by-laws and when Bracebridge Municipal Council has granted approval This includes but is not limited to cattle, sheep, pigs, horses, deer, reindeer, emu, buffalo, domestic fowl and game (f) A person or persons temporarily keeping an animal that is ill, injured or unreleasable.

2 (g) Animals being displayed or harboured at an event or in an establishment for a set period of time, provided the said event or establishment is sanctioned by Bracebridge Municipal Council; (h) Any person lawfully keeping an animal listed in Schedule "A" of this by-law and who resided in Bracebridge on the date of passing of this by-law may keep that prohibited animal until the animal has died or has otherwise been disposed of. The said owner must be able to provide sufficient evidence that the prohibited animal was acquired prior the passing of the original By-law No and its effective date of June 13, (3) Notwithstanding subsection2(2) above, the said exemptions are permitted only on the conditions that the said person(s) complies with all applicable municipal, provincial and federal law; is able to provide proof of animal health and vaccinations from a licensed veterinarian; is able to provide secure and humane holding facilities; and has been sanctioned by the Brace bridge Municipal Council. 3. No person shall keep game birds of any species or any animal on any lands within the Town of Brace bridge for the purpose of a private shooting or hunting club. 4( 1) No person or persons shall keep more than four animals in a residential dwelling unit or on any lot surrounding a residential dwelling unit except where the same is a licensed kennel under the Canadian Kennel Club, or on lands properly zoned and otherwise permitted in this by-law. 4(2) Notwithstanding subsection (1 ), any person who, on the date of passage of this by-law was lawfully keeping four or more animals may keep them until they have died or are otherwise disposed of. 4(3) Subsection (1) does not apply to the following: (a) animals under the releasable age; (b) fish, rodents or small birds kept at all times in an appropriate animal enclosure; or (c) homing, pouter, racing or tumbling pigeons provided the pigeons are kept for racing or show and proof in the form of documentation or banding is presented to the satisfaction of the Animal Control Officer. f pigeons are permitted they shall be kept within a secure building structure or coop except during two supervised daily flight periods and provided with proper sanitary living conditions and food and water. GENERAL PROVSONS 5. Where certain species or types of animals are permitted, every person shall provide the animal or cause it to be provided with adequate and appropriate care, sanitary conditions, food, water, shelter, exercise, attention and veterinary care as may be required to meet the needs of the species. The municipality may consult outside authorities and/or agencies when determining appropriate conditions for the keeping of any animal. 6. f an animal is customarily kept out of doors, the person having the custody or control of the animal shall provide for its use at all times sufficient shelter of appropriate size and dimension for its protection against inclement weather. 7. No person having custody or care of an animal shall permit the animal to be at large at any time except the two supervised daily flights for pigeons 8. An Animal Control Officer or their designate may enter on any public property or on any private property at any reasonable time for the purpose of catching any animal running at large or to determine whether any prohibited animals are being kept on the premises. This does not infer the right to enter any private building without the consent of the owner or a court issued warrant. 9. An Animal Control Officer may issue a notice to remove with respect to any animal found on any premises in contravention of this by-law, setting out a time and date by which such animal shall be removed from the premises. 10. Any person may capture any animal running at large and trespassing on his property and deliver the animal to the Animal Control Officer.

3 11. Any animal which is at large contrary to the provisions of this by-law may be impounded or destroyed without delay if there are humane reasons or reasons of safety to persons, property or other animals. 12. By-law is rescinded in its entirety. 13. Every person who contravenes any provision of the By-law is guilty of an offence and shall be subject to a penalty in accordance with the Provincial Offences Act, R.S.O. 1990, c.p Every person who is guilty of an offence under this By-law may, if permitted under the Provincial Offences Act, pay a set fine, and the Chief Judge of the Ontario Court, Provincial Division, shall be requested to establish a set fine, to be set out in Schedule "B", which shall be attached to this By-law. 15. That this by-law shall come into force and take effect upon the day of final passing. READ the First and Second time this 28th day of August, ~!Y~ Mayor 1 ll ~~ Clerk!C.A.O. READ a Third time and finally passed this 28th day of August, 2002 c?~d~ r \L~CJ1...~ Clerk!C.A.O.

4 Schedule "A" CLASS OF ANMAL All Anseriforms All Poisonous or Venomous Arachnids All Arthropods All Artiodactyl Ungulates All Columbidae except racing, tumbler, homing or pouter pigeons All Canidae except the domestic doq All Castoridae All Chiropterae A Crocodylidae All Endentates All Erethizontidae All Felidae except the domestic cat All Galliforms All Hyanenidae All Lagomorpha excepts domestic rabbits All Marsupialia All Mustelidae except domestic ferrets COMMON NAMES (provided for illustration purposes only and are not intended to limit the extent of the classes of animals referred to. Waterfowl Tarantula Scorpion, centipede, beetle Camel, moose, giraffe, deer, buffalo Pigeon, dove Wolf, jackal, fox Beaver Bat Alligator, crocodile Anteater, armadillo, sloth Porcupine Leopard, lion, tiger, lynx, panther, puma Grouse, wild turkey Hyena Snowshoe hare, cottontail rabbit Bandicoot, kangaroo Marten, polecat weasel ' All Perissodactyl ungulates Tapir, zebra All Phasianidea Partridge, pheasant quail, All Pinnipediae Seal, walrus All Non-Human Primata unless used as a Ape, lemur, monkey service animal All Proboscidea Elephant All Procyonidae Coati, raccoon All Ratitae Ostrich, emu, cassowary, kiwi All Raptors Eagle, hawk, owl, vulture All Sciuridae Squirrel, chipmunk All Serpentes of the Pythonidae & Boidae Python, boa families. All Ursidae Bear All Poisonous or Venomous Amphibians Poisonous frog All Poisonous or Venomous Reptilia Snake, lizard All Viverridae Civet, mongoose

5 tem 1 2. Schedule "B" to By-law Column 1 Proposed Short Form Wording Column 2 Provisions Creating Offence Column 3 Proposed Set Fine T Keeping a prohibited animal (per S. 2(1). i $ animal) Operating a non-sanctioned S.2(2)(d),- cs~ "" ~ $1!)Q.OO exhibition or program,., 3.. Displaying or habo.uring an S.(2){g).cc::.JT:-J,?;,i6?"" '.,... $ animal at a non-sanctioned event r~ /1(:;j'<,. 1 Displaying or harbouring an S:2(2)(g) J $ animal longer than the set period J. of time i Failure to provide required animal health certificates Keeping of animals or birds for private shooting or hunting Keeping more that four animals Failure to provide appropriate care Failure to provide shelter Permitting an animal to be at large Failure to comply with Notice to Remove 8.2(3) $ $ (1) $ $ $ $150.00

6 PROVNCAL OFFENCES ACT PART T S ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and the By-law No as amended, of the Town of Bracebridge, attached hereto is the set fine for those offences. This Order is to take effect September 25th, DATED at Lindsay This 25th day of September, R~ Justice R. P. Taillon Regional Senior Justice Central East Regi9n Ontario Court of Justice

7 Part Provincial Offences Act TOWN OF BRACEBRDGE BY LAW TTLE: BY-LAW TO PROHBT THE KEEPNG OF CERTAN ANMALS WTHN THE TOWN OF BRACEBRDGE (Exotic and Wild Animal Control) TEM COLUMN 1 Short Form Wording ' COLUMN2 Offence creating provision or defining_ offence COLUMN 3 Set fine (ncludes costs) 1 Keep a prohibited animal s. 2(1) 2 Fail to provide required animal health certificatf's s. 2(3). 3 Keep animals or b::ds for private shooting or hr- 'ing s.3 4 Keep more than four animals s. 4(1) 5 Fall to provide appropriate care s. 5 6 Fail to provide shelter s.6 7 Permit an anima: to be at large s. 7 8 Failla comply with Notice to Remove s. 9 NOTE: filed. The penally provision for the offence listed abova is section 13 of By-Law ; a certified copy of which has been