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2998 To provide for the regulation, restricition and prohibition of the keeping of animals in the Town of TillsonburgCORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2998 BEING A BY-LAW TO PROVIDE FOR THE REGULATION, RESTRICTION AND PROHIBITION OF THE KEEPING OF ANIMALS IN THE TOWN OF TILLSONBURG INDEX Part 1 DEFINITIONS 1.1 Definitions Animal - defined Animal Control Officer and/or Pound keeper - defined Town - defined Dwelling unit - de -fined Keeps - defined Owner - defined Pet shop - defined Pet shopkeeper - defined Premises - defined Part 2 CLASSES OF ANIMALS 2.1 Animals -ranked by class 2.2 Class 1 animal 2.3 Class 2 animal 2.4 Class 3 animal 2.5 Class 4 animal 2.6 Class 5 animal 2.7 Class 6 animal 2.8 Class 7 animal 2.9 Class 8 animal Part 3 APPLICATION OF BY-LAW - EXEMPTIONS 3.1 Animal Control Officer and / or Pound keeper 3.2 Animal hospital — clinic - kennel 3.3 Public park — zoo -fair — exhibition — circus — licensed 3.4 Agricultural — lane — premises Part 4 PROHIBITED MATTERS 4.1 Animals - keeping; - more than 3 per dwelling 4.2 Class 1 - keeping within Town 4.3 Class 8 - keeping ­ within Town 4.4 Animal - running at large 4.5 Trespassing - by animal 4.6 Food - storage - failure to use rodent -proof container 4.7 Keeping - animal - not permitted by statute 4.8 Pet shops - keep prohibited animal Part 5 CLASS 1 ANIMAL 5.1 Keeping - within Town - prohibited 5.2 Keeping - prior to enactment - continuation - permitted 5.3 Keeping - in building - stable - required 5.4 Building - stable - minimum distance - other premises 5.5 Floor - impervious,5" gutters - drainage 5.6 Drainage - sanitary wastes" requirements 5.7 Doors - windows .- openings - screened 5.8 Manure - collected - deposited - receptacle - promptly 5.9 Manure receptacle - construction requirements 5.10 Manure receptacle, design - permit - approval 5.11 Yards - kept cleaned - deodorized - at all times 5.12 Food - feed - storage - rodent -proof containers Part 6 CLASS 2 ANIMALS 6.1 Keeping - within Town 6.2 Keeping — lands sifitably zoned 6.3 Building — in good repair 6.4 Structure - distance - from other dwelling 6.5 Building - flooring; 6.6 Building — screenf�d — bug prevention 6.7 Refuse - removal •- prevention of odours 6.8 Yards - kept clean — deodorized at all times 6.9 Food - rodent -proof containers Part 7 CLASS 3 ANIMALS 7.1 Keeping — within 'Town 7.2 Keeping — in Building - structure — yard — coop — other 7.3 Structure — distance — from other premises 7.4 Building - structure — minimum size - requirements 7.5 Building - structure — ventilation - adequate 7.6 Building - structure — raised above ground 7.7 Building — structure — floor — impervious to moisture 7.8 Building — structure — maintenance - appearance 7.9 Walls — lime -washed — painted - annually 7.10 Droppings - removal - disposal - bi-weekly - exception 7.11 Runs — outside -- dug promptly — prevention of odour 7.12 Refuse — removal — prevention of odours 7.13 Food — feed — storage — rodent — proof containers 7.14 Trespassing — prevention 7.15 Class 3 — Animals — maximum 7.16 Class 3 — Animals — noise Part 8 CLASS 4 ANIMALS 8.1 Registered - maximum - 24 8.2 Flights - daily permitted Part 9 CLASS 5 ANIMALS 9.1 Maximum - 2 animals -- in one dwelling unit 9.2 Newborns - keeping - maximum - 2 months Part 10 DOMESTIC CATS 10.1 Complaint - to Pound keeper - confinement - by owner 10.2 Annual Cat Tag -- Contents 10.3 Annual Identification System — Farm exemption 10.4 Identification Fee — Tag User 10.5 Failure to apply for tag - Prohibited Part 11 CLASS 6 ANIMALS 11.1 Keeping - regulations - set out 11.2 Maximum - 2 animals - in one dwelling 11.3 Snake - non -venomous - over 24 inches - prohibited 11.4 Lizard - non -venomous - over 12 inches - prohibited Part 12 CLASS 7 ANIMALS 12.1 Maximum - 2 animals - in one dwelling Part 13 CLASS 8 ANIMALS 13.1 Keeping - within Town - prohibited Part 14 ENFORCEMENT 14.1 Administration - Pound keeper - Animal Control Officers 14.2 Fine - for contravention 14.3 Continuation - repetition - prohibited - by order Part 15 REPEAL - ENACTMENT 15.1 By-law - previous 15.2 Effective date WHEREAS paragraph 1 of section 210 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that by-laws may be passed by Councils of local municipalities for prohibiting or regulating the keeping of animals or any class therein within the municipality or defined areas thereof, including the number of animals that may be kept by any person and the number of animals or any class thereof that may be kept about any dwelling unit; AND WHEREAS paragraph 2 of section 210 of the said Act provides for the regulating of establishments for the breeding or boarding of animals or any class thereof, within the municipality or defined area thereof; AND WHEREAS paragraph 4 of section 210 of the said Act provides for the prohibiting and regulating within any part or defined area of a municipality or upon any highway therein, the being at large or trespassing of animals, other than dogs, and for impounding them and causing them to be sold if they are not claimed within a reasonable time or if the damages, fines and expenses are not paid according to law; THEREFORE the Municipal Council of The Corporation of the Town of Tillsonburg enacts as follows: SHORT TITLE ANIMAL CONTROL BY-LAW Part 1 DEFINITIONS 1.1 Definitions In this by-law: Animal - defined "Animal" includes birds and reptiles but does not include fish or dogs. Animal Control Officer and / or Pound keeper - defined "Animal Control Officer" or "Pound keeper" shall mean any person designated or contracted as an Animal Control Officer or Pound keeper by the Town and shall include a Police Officer and the Municipal By-law Officer for the purpose of this by-law. Town - defined "Town" shall mean The Corporation of the Town of Tillsonburg. Dwelling unit" defined "Dwelling unit" shall mean a single room or series of rooms of complementary use, which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a common hallway or stairway inside the building; and in which all occupants have access to all the habitable areas and facilities of the unit. Keeps - defined "Keeps" shall mean owns, possesses or harbours. Owner - defined "Owner" of an animal includes any person who keeps, possesses or harbours an animal, and where the owner is a minor, the person responsible for the custody of the minor. Pet shop -defined "Pet shop" shall mean an establishment engaged in the retail sales of animals. Pet shop keeper - defined "Pet shop keeper" shall mean a person who has the charge, care or ownership of a pet shop. Premises - defined "Premises" includes the entire lot on which a single dwelling unit building or a multi- dwelling unit building is Lsituated. Part 2 CLASSES OF ANIMALS 2.1 Animals - ranked by class Animals shall be ranked according to the classes set out in this part of this by-law. 2.2 Class 1 animal "Class 1 animal" shall mean cow, goat, all swine, and sheep 2.3 Class 2 animal "Class 2 animal" shall mean horse, pony, donkey and mule 2.4 Class 3 animal "Class 3 animal" shall mean chicken, goose, turkey, duck, pigeons or other fowl, domestic or otherwise. 2.5 Class 4 animal "Class 4 animal" shall mean homing, pouter, racing or tumbler pigeons. 2.6 Class 5 animal "Class 5 animal" shall mean domestic cat, guinea pig, gerbil, hamster, mouse, rat, rabbit, chinchilla, iguana and turtle with shell size of 8 inches or less in diameter. 2.7 Class 6 animal "Class 6 animal" shall mean non -venomous snakes, non -venomous lizards and non- venomous spiders 2.8 Class 7 animal "Class 7 animal" shall mean domestic cardinals, finches, budgies, bulbuls, canaries, tanagers, amazons, cockatoos, conures, macaws, parakeets, cockatiels, loorikeets, touracos, toucans, orioles, mynahs, magpies, barbets, arcaris, pied hornbells and cock -of - the -rocks. 2.9 Class 8 animal "Class 8 animals" shall mean any animal of a type that is normally found in a wild and natural state, whether or not it has been bred and/or raised in captivity and includes but is not limited to bear, wolf, coyote, ferret, beaver, hyena, crocodile, alligator, bobcat, lynx, mountain lion, cougar, tiger, lion, monkey, fox, skunk, kangaroo, eagle, hawk, elephant, walrus, seal, turtle with shell larger than 8 inches in diameter, ostrich, emu, camel, weasel, raccoon, venomous lizard, venomous snake, venomous spider, all birds the keeping of which is prohibited in the Migratory Birds Convention Act, S.C. 1994, c.22, and regulations thereto and all animals the keeping of which is prohibited in the Fish and Wildlife Conservation Act, 1997 and regulations thereto. Part 3 APPLICATION OF BY -LAW -EXEMPTIONS 3.1 Animal Control Officer and / or Pound keeper This by-law shall not apply to those persons or organizations designated by Council as Animal Control Officer and / or Pound keeper. 3.2 Animal hospital — clinic - kennel This by-law shall not apply to a small animal hospital, clinic or boarding kennel operated by a duly qualified veterinarian, where all animals are kept within a brick, stone or concrete building. 3.3 Public park — zoo — fair — exhibition — circus - licensed This by-law shall not apply to animals maintained in a public park, zoo, fair, exhibition or circus operated or licensed by a municipal or other governmental authority. 3.4 Agricultural — band — premises This by-law shall not apply to premises and land zoned for agricultural uses. 3.5 Provincially Licensed Wildlife Custodians and Foster Parents This by-law shall not apply to persons licensed by the Province of Ontario as a Wildlife Custodian and/or Foster Parent for orphaned animals such as squirrels, chipmunks, raccoons, opossums, skunks, ground hogs and small birds, excluding hawks and eagles. Part 4 PROHIBITED MATTERS 4.1 Animals - keeping - more than 3 per dwelling No person shall keep more: than three animals in a dwelling unit or on any premises. 4.2 Class 1 - keeping; - within Town No person shall keep a chass 1 animal within the municipal boundaries of the Town of Tillsonburg. 4.3 Class S- keeping; -within Town No person shall keep a chass 8 animal within the municipal boundaries of the Town of Tillsonburg. 4.4 Animal - runninig at large No person shall permit any animal to run at large. 4.5 Trespassing - by animal No person shall permit any animal to trespass on any property. 4.6 Food - storage - failure to use rodent -proof container No person shall fail to ke(;p feed or animal food in a rodent -proof container. 4.7 Keeping - animal - not permitted by statute Notwithstanding any of the provisions of this by-law, no person shall keep any animal, the keeping of which is not permitted under any statute of Ontario or Canada. 4.8 Pet shops - keep prohibited animal No pet shopkeeper shall keep or permit to be kept in any pet shop, an animal of a class, the keeping of which is prohibited by this by-law. Part 5 CLASS 1 ANIMALS 5.1 Keeping - within Town - prohibited The keeping of Class 1 animals within the municipal boundaries of the Town of Tillsonburg is prohibited. 5.2 Keeping - prior to enactment - continuation " permitted Section 5.1 of this by-law does not apply to those persons legally keeping Class 1 animals at the passage of this by-law provided that such persons comply with the requirements set out in sections 5.3 to 5.12 inclusive of this by-law. 5.3 Keeping - in building - stable - required All Class 1 animals shall be kept in a building or stable. 5A Building - stable - minimum distance - other premises Such building or stable as required under section 5.3 of this by-law shall be no less than 90 metres (295.3 feet) fro=m any school, church, public hall, store, dwelling or premises used for human habitation or occupancy other than premises occupied exclusively by the owner or keeper of such animal or members of his immediate family. 5.5 Floor - impervious" gutters - drainage The floor of such building; or stable as required under section 5.3 of this by-law shall be of durable material, impeivious to moisture, so laid and provided with gutters that drainage is effected into a sewer provided that a wooden platform above such flooring is permitted if an air space of at least 5 centimetres (1.97 inches) is provided above the floor. 5.6 Drainage - sanitary wastes - requirements Where a sanitary sewer is not available, provision for drainage of sanitary wastes shall be made in accordance with -the requirements of any applicable laws of the Province of Ontario and the regulations made thereunder. 5.7 Doors - windows - openings - screened All doors, windows and openings of such building or stable as required under section 5.3 of this by-law shall, at all times between the first day of April and the thirtieth day of November following in each year, be kept protected by screens effective against flies and small insects. 5.8 Manure - collected - deposited - receptacle - promptly All manure shall be promptly collected and deposited in a manure receptacle of adequate size, which shall be provided and constructed as set out in sections 5.9 and 5.10 of this by-law. 5.9 Manure receptacle - construction - requirements The floor and all portions of the walls of the manure receptacle shall be of concrete and watertight; the manure receptacle shall be provided with an opening with self-closing, fly -proof door, and the receptacle shall be constructed such that objectionable odours are not allowed to escape. 5.10 Manure receptacle - design - permit - approval Manure receptacles shall 'be constructed, erected or located within the Town only after the design has been approved by the Building Official and a permit issued therefore. 5.11 Yards - kept cleaned - deodorized - at all times Such building or stable as, required under section 5.3 of this by-law, together with any yard less than 200 square metres (2,152.8 square feet) in which the animals are allowed to run shall be kept at all times free from manure and other refuse and shall be properly cleaned or dug up and deodorized by means of chloride of lime or other suitable deodorant permitted by the laws of the Province of Ontario and the regulations made - thereunder. 5.12 Food — feed - storage - rodent -proof containers All feed or other animal food shall be kept in rodent -proof containers. Part 6 CLASS 2 ANIMALS 6.1 Keeping - within Town No person shall keep a Class 2 animal within the Town of Tillsonburg unless the following shall be complied with: 6.2 Lands - suitable zoned Lands suitably zoned agriculture, institutional or open space or a legal non conforming Status under the Town's zZoning By -Law 1994. 6.3 Building — in good repaid The animals shall be kept in a building or stable and all such buildings shall be kept in good repair. 6.4 Structure — distance from other dwellings Such building or stable shall be at least three hundred 300 feet from any school, church, public hall, store, dwelling, or other premises used for human habitation or occupancy, other than premises occupied exclusively by the keeper of such animals or members of his or her immediate family. 6.5 Building — flooring The floors of such building or stable shall be of durable material impervious to moisture; so laid and provided with gutters so that the drainage is effected into a sewer. A wooden platform above such flooring is permitted if an air space of at least two inches is provided above the floor. Where no sewer is available, provisions for drainage shall be made in accordance with the requirements of the Public Health Act. Floors shall be kept clean so as to prevent objectionable odours. 6.6 Building — screened — bug prevention All doors, windows and openings of such building or stable shall, at all times between the first day of April and the 'thirtieth day of November following in each year, be kept protected by screens effective against flies and small insects. 6.7 Refuse — removal[- prevention of odours All manure shall be daily collected and deposited in a manure receptacle of adequate size which shall be provided and constructed as follows: the floor and all portions of the walls shall be of concrete and water tight, and said receptacles shall be provided with an opening with self-closing fly -proof door, and to be so constructed and so maintained that objectionable odours are not allowed to escape. Manure receptacles shall be constructed, erected or located within the Town only after the design has been approved by the Building Inspector and a :permit issued therefore. 6.8 Yards — kept clean - deodorized al all times Notwithstanding paragraph 6.2 hereof, a yard may be provided in which the animal or animals are allowed to run, and such yard shall be kept free from manure or other refuse and where such yard is less than 2,200 square feet for each animal, such yard shall be properly cleaned or dug up and deodorized by means of chloride or lime or other suitable deodorant as often as necessary to prevent objectionable odour. 6.9 Food — rodent proof container All foods, except hay, shell be kept in rodent -proof containers. Part 7 CLASS 3 ANIMALS 7.1 Keeping — within Town All Class 3 animals kept within the municipal boundaries of the Town of Tillsonburg shall meet the requirements set out in sections 7.2 to 7.8 inclusive of this by-law. 7.2 Keeping — in building — structure — yard - coop All Class 3 animals shall be kept in a building, structure, yard, coop pen or run: 7.3 Structure — distance — from other premises Every building structure, coop, loft, pen or run shall: (a) where lands are classified for tax purposes as farm lands, be situated at least 300 feet, or on lands not classified as farm lands, be situated at least 65 feet from any school, church dwelling or other premises used for human habitation or occupancy other than the premises occupied exclusively by the keeper of such fowl, or members of his immediate family. 7.4 Building — structure — minimum size requirements Every building, structure, coop, loft, pen or run in which Class 3 animals are kept shall have a height of not less than 1.5 metres (4.92 feet) and a floor area of not less than 1.25 square metres (13.45 squExe feet) for each pair of pigeons kept therein. 7.5 Building - structure - ventilation - adequate Every building, structure, coop, loft, pen or run in which Class 3 animals are kept shall have adequate ventilation having regard to the number of pigeons kept therein. 7.6 Building - structure - raised - above ground Every building, structure, coop, loft, pen or run in which Class 3 animals are kept shall have a clear space between the ground and the underside of the floor of not less than 30 centimetres (11.81 inches). 7.7 Building - structure • floor - impervious to moisture Every building, structure, coop, loft, pen or run in which Class 3 animals are kept shall have a floor with a surface which is impervious to moisture. 7.8 Building - structure - maintenance - appearance Every building, structure, coop, loft, pen or run in which Class 3 animals are kept shall be maintained by regular painting of the exterior or by permanent siding, and all loft equipment shall be kept under cover and where necessary a suitable hedge shall be planted as a buffer between properties. 7.9 Walls — lime — washed - painted -annually The inside walls of such building as required under section 7.2 of this bylaw (other than a dwelling), structure coop., pens or run shall be lime -washed or painted at least twice a year. 7.10 Droppings — removal — disposal — bi-weekly — exception Every person keeping Class 3 animals shall remove and dispose of in a sanitary manner at least twice each week, all pigeon droppings, refuse and dropped or scattered fed within or adjacent to all such buildings, structures, lofts, pens, coops or runs, including outside runs enclosed only with wire, provided however, that this regulation shall not apply when below freezing temperatures prevent removal and disposal. 7.11 Runs — outside — dug promptly — prevention of odours All runs and outside areas of confinement shall be dug promptly as required to effectively prevent odours arising therefrom. 7.12 Refuse — removal — prevention of odours All refuse resulting from the keeping of Class 3 animals shall be kept in substantial airtight containers until it is removed from the premises or dug into the earth in such a manner as to prevent odours arising therefrom. 7.13 Food- feed — storage — rodent -proof containers All feed or other animal food shall be kept in rodent- proof containers. 7.14 Trespassing - prevention Every person keeping Class 3 animals shall at no time be permitted to run at large or trespass on any property other than that of the owner or keeper. 7.15 Class 3 Animal, -maximum Except on lands classified. for tax purposes as farm lands, no more than two (2) of each breed of fowl and a maximum of twelve (12) fowl shall be permitted however the young from the permitted breeds maybe kept for a period of not more than three (3) months. 7.16 Class 3 Animal, — noise Any fowl creating a noise and causing irritation to neighbors shall be moved until such time as a more sound proof pen can be built. Part 8 CLASS 4 ANIMALS - NUMBERS - LIMITED 8.1 Registered — maximum 24 Notwithstanding any of the provisions of this schedule, pigeons registered with a National Racing Association and not exceeding twenty-four 24) in number may be kept provided the pens have been approved by such licensing association and the location of such has been approved by the Council of the Town of Tillsonburg. 8.2 Flights — daily permitted Class 4 animals shall be allowed to exercise and fly two hours before sundown. Class 4 animals returning from a bonafide race have to be returned to their pens immediately upon their return. Part 9 CLASS 5 ANIMALS 9.1 Maximum - 2 animals - in one dwelling unit No person shall keep more than 2 Class 5 animals in any one dwelling unit or on any premises. 9.2 Newborns - keeping - maximum - 2 months The young of any Class 4 animal may be kept for a period not exceeding 2 months after birth. Part 10 DOMESTIC CATS 10.1 Complaint - to Pound keeper - confinement - by owner Where a property owner or occupant makes a complaint to the Town Pound -keeper or an Animal Control Officer that a domestic cat has caused damage on his property and/or has created a disturbance thereon, an officer may, after the property owner or occupant has confined the cat, and upon obtaining consent of the complainant, enter onto the complainant's property to secure, shelter and impound the cat. 10.2 - Annual Cat Tag - Contents Upon payment of the applicable annual fee, owners of domestic cats shall be furnished with a cat tag bearing a serial number, the year for which it was issued and the words "Tillsonburg ON" and the name and address of the owner, the serial number of the tag, and the name and description of the cat shall be entered into an identification register. 10.3 - Annual Identifictation System - Farm Exemption All owners of domestic rats, except cats which are kept on a farm in the Town of Tillsonburg, shall annually identify their cats by affixing a tag issued pursuant to section 10.2 securely on the cat :For which it was issued at all times until such time as the tag is renewed or replaced. For the purposes of this section, "farm" means lands and buildings primarily used for agricultural purposes including the cultivating of the soil, production of crops or the raising of livestock. 10.4 - Identification Fey, - Tag Issuer The identification fee for each domestic cat is as follows: Cat Identification Fees -January 1st through March 31 (Whole Year) Complete cat $20.00 Spayed/neutered cat $15.00 Cat Identification Fees -April 1 S` —December 31St (Part Year) Complete cat $17.00 Spayed/neutered cat $12.00 Applications for reduced Cat Identification Tag Fees must be accompanied by proof of sterilization. 10.5 -- Expiry — annual -- December 31 Every licence issued by the licence issuer shall expire on the thirty-first day of December of the year for which it is issued and shall be renewable yearly. Part 11 CLASS 6 ANIMALS 11.1 Keeping - regulations - set out The regulations set out in this Part apply to persons keeping Class 6 animals within the Town. 11.2 Maximum - 2 :animals - in one dwelling No person shall keep more than 2 Class 6 animals in any dwelling unit or on any premises, 11.3 Snake - non -venomous - over 24 inches - prohibited No person is permitted to keep anon -venomous snake that exceeds an overall length of 60.96 centimetres (24 in(,. -hes). 11.4 Lizard - non -venomous - over 12 inches - prohibited No person shall keep a non -venomous lizard that exceeds an overall length of 30.48 centimetres (12 inches). Part 12 CLASS 7 ANIMALS 12.1 Maximum - 2 ;animals - in one dwelling No person shall keep more than 2 Class 7 animals in any dwelling unit or on any premises within the Town. Part 13 CLASS 8 ANIMALS 13.1 Keeping - within Town - prohibited The keeping of Class 8 animals within the municipal boundaries of the Town is prohibited. Part 14 ENFORCEMENT 14.1 Administration - Pound keeper - Animal Control Officers The Pound keeper and duly appointed Animal Control Officers shall administer and enforce this by-law. 14.2 Fine - for contravention Any person who contra�-enes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. 14.3 Continuation - repetition - prohibited- by order 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 convicted. Part 15 REPEAL - ENACTMENT 15.1 By-law - previous By-law 2834 and all of its amendments are hereby repealed. 15.2 Effective date This By-law shall come into force and effect upon final passing. READ A FIRST AND Z>ECOND TIME this 10th day of DECEMBER,2001. Pe 0-11 READ A THIRD TIMI AND FINALLY PASSED this day of I-eb, ,2002. MAYOR