Report to / Rapport au :

 

Emergency and Protective Services Committee/

 

 

27 January 2003 / le 27 janvier 2003

 

Submitted by / Soumis par :    

 

Contact / Personne-ressource :  Susan Jones,

Director, By-law Services / Directrice, Rθglements municipaux

580-2424, ext/poste 25536, Susan.Jones@ottawa.ca

 

 

 

Ref No. ACS2003-EPS-BYL-0003

 

 

SUBJECT:

By-law SERVICES – ANIMAL CARE AND CONTROL

 

OBJET :

SERVICES DES RΘGLEMENTS MUNICIPAUX –
CONTRτLE ET SOIN DES ANIMAUX

 

 

REPORT RECOMMENDATION

 

That the Emergency and Protective Services Committee recommend to Council that the Animal Care and Control By-law, attached as Document 1, which gives effect to the principles for a new harmonized by-law as approved by Council on 9 October 2002, be approved to take effect 01 April 2003.

 

RECOMMANDATION DU RAPPORT

 

Que le Comitι des services de protection et d’urgence recommande au Conseil municipal d’approuver que le Rθglement municipal sur le contrτle et le soin des animaux (document 1 ci-joint), qui donne effet aux principes d’un nouveau rθglement harmonisι, tel qu’approuvι par le Conseil le 9 octobre 2002, entre en vigueur le 1er avril 2003.

 

BACKGROUND

 

The new City inherited, from the former municipalities, approximately twenty-five by-laws pertaining to the care and control of animals.  The by-laws were enacted, and continue to be required, in consideration of the municipal role and mandate with respect to public health and safety, as well as animal protection and welfare to the extent that it impacts on public health and safety.

 

In 2002, the Department undertook the extensive process of harmonizing the animal care and control by-laws into one, culminating in the approval by Council, at its meeting of 9 October 2002, of the policy principles (Ref. No. ACS2003-EPS-BYL-0014) on which the Animal Care and Control By-law, attached as Document 1, is based.

 

At its 9 October 2002 meeting however, Council approved a number of motions which required that the by-law be brought back before Council prior to enactment.

 

DISCUSSION

 

The proposed principles for the new harmonized Animal Care and Control By-law, as approved by Council, have been incorporated into the by-law attached as Document 1, which is proposed to take effect 01 April 2003 to coincide with the dog registration renewal period and to provide sufficient time to apply to and obtain approval from the Province for the required set fines.  Almost all of the former municipal animal care and control by-laws will be repealed, with the exception of provisions relating to kennels, which will be harmonized under the licensing by-law at a later date, and certain cat-related provisions which will be repealed when those sections in the new harmonized by-law take effect on January 1, 2004.

 

Despite the proposed new harmonized municipal by-law, other regulations, provincial and federal, are relevant to the issue of care of animals, wildlife, and rabies control and will continue to apply, as appropriate.  Among those are:  the Criminal Code, the Fish and Wildlife Conservation Act, the Health Protection and Promotion Act.

 

The attached Animal Care and Control By-law also addresses a number of issues brought forward as part of the Council deliberations on the subject.  The following Council directives have been incorporated into the by-law:

 

·        an exemption from the Stoop & Scoop requirement for service dog handlers who are unable to remove their dog’s excrement as a result of a physical disability or impediment;

·        an exemption for service animals with respect to park access restrictions;

·        an amendment to the restriction on the number of dogs kept in rural areas of the City to three (3) from five (5);

·        an effective date of 01 January 2004 for the cat registration requirements.  For consistency, more effective implementation, and to reduce confusion for the public and staff, the same effective date applies to other relevant cat-related provisions;

·        provisions to allow for the fostering of animals listed in Schedule “B” (Prohibited Animals;  referred to as “Appendix A” in the report considered in October 2002) under the auspices of organizations which are exempted under the by-law and are recognized rescue operations such as Little Ray’s Reptile Adventure and Life of Reilly Petting Zoo;

·        an amendment to Schedule “B”, as it pertains to a general prohibition on protected or endangered animals, to provide for the keeping of types of birds (e.g. Order Psittaciformes);

·        an amendment to Schedule “B” to provide for exceptions for species of the boa and python families which reach an adult length of no greater than two (2) meters, and for species in the Varanidae family which reach an adult length of no greater than one (1) meter.

 

Council had, in the Fall, also requested that the definitions of “rural” and “urban”, as proposed in the policy principles for the by-law at that time, be reviewed.  Given various legal impediments as well as limitations represented by the absence of a harmonized zoning by-law and by the use of mapping to define areas of the City, the indication of the types of geographical areas (ie. “where the zoning permits residential land use”) to which certain provisions of the by-law apply has been incorporated directly into those provisions, including those related to cats, pigeons, and rabbits.  That amendment reflects the intent of the differentiation between certain areas of the City, which is to consider the greatest potential for human-animal conflicts and to provide for the ability to address those conflicts.  The amendment also recognizes the City’s public health and safety mandate and that residents in the more developed portions of the rural areas are also entitled to the benefits of the protection provided by the by-law.  The Department will however, monitor the impact of the by-law in this regard and, should difficulties arise, the matter will be reviewed.   

 

Preliminary review of Council’s request that the availability of dog waste stations for installation in public parks and pathways be investigated, suggests that, in light of the over 500 parks in the new City, such stations, in addition to the removal of the waste collected, can be expected to be cost prohibitive.  For example, it has been estimated that approximately 16 metric tonnes of dog waste is generated annually from just two locations within the City, which are frequented by dog walkers.  There appear also to be health and safety issues for personnel involved in collecting from the parks the accumulated waste.  The Department will however work with other relevant departments, agencies and interested community groups to review other options for dog waste disposal in City parks.

 

Provisions related to the running at large of livestock, and allowing for their conveyance to an appropriate shelter until the owner can be identified, are necessary for public safety and given the extent of the rural and agricultural components of the City, and have been incorporated into the by-law.

 

ENVIRONMENTAL IMPLICATIONS

 

There are no direct environmental implications associated with the recommendations.

 

RURAL IMPLICATIONS

 

Rural distinctiveness recognized by the former municipal regulations has been maintained or has undergone minimal modification to assist its representation in the context of the by-law.  That is, a number of the provisions (e.g. cat registration, noise caused by livestock) do not apply to “rural” areas.

 

CONSULTATION

 

Exhaustive and comprehensive consultation was undertaken in the latter half of 2002 in order to develop the policy principles on which the new harmonized animal care and control by-law would be based.  The process is summarized below.  The principles for the new by-law were approved by Council on 9 October 2002, on the basis of the consultation and the standard deliberations.

 

Corporate:  Transportation, Utilities and Public Works (park maintenance and transit) and People Services (health and park planning), which had expressed interest in certain of the subject matter addressed by animal-related regulations relevant to their areas of responsibility, were circulated on the consultant’s report (on which comments were sought to, in part, form the basis for the staff recommendations to follow), and related relevant materials.  No objections to the recommendations were received; the majority of suggestions were incorporated into the report.

 

External Agencies:  An information session for stakeholder organizations and groups, which have historically expressed interest in the subject matter, was held on August 19th.  Among the organizations invited to the session were:  Animal Defence League of Canada; Canadian Federation of Humane Societies (headquarters in Ottawa); International Fund for Animal Welfare (Ottawa office); National Capital Commission; National Capital Coalition for People and Dogs; Ottawa Amphibian and Reptile Association; Ottawa Humane Society; Ottawa-Carleton Wildlife Centre; Ontario Ministry of Natural Resources (Kemptville District); Ontario Society for the Prevention of Cruelty to Animals; Pet Industry Joint Advisory Council; Wild Bird Care Centre.  All of the groups and organizations received copies of the consultant’s report, its executive summary and the detailed comment sheets.  Additional meetings were held subsequently upon request.

 

Public:  A notice advertising public consultation sessions and the availability of the consultant’s report for review appeared in The Ottawa Citizen, The Ottawa Sun and Le Droit on August 9 and 16, 2002.  Similar advertisements also appeared in community newspapers such as L’Express (August 8 and 15); the Kanata Kourier Standard (August 9); Nepean This Week (August 9 and 16); Ottawa South This Month (August 14); Stittsville Signal (August 10); the Weekly Journal (August 9 and 16); the West Carleton Review (August 9).  Notification was also posted on the City’s website.  Five public meetings took place as follows:  Ben Franklin Place (former Nepean), August 19th; Stittsville & District Community Centre, August 20th; Tom Brown Arena (former Ottawa), August 21st; North Gower R/A Centre, August 21st; Queenswood Heights Community Centre (Orleans), August 22nd.  In addition, special meetings with groups and individuals were held upon request.  Copies of the consultant’s report, an executive summary of it, and detailed comment sheets were made available at the public meetings, at all Client Service Centres, and upon request.  They were also provided to individuals and organizations who had expressed interest in the subject matter since amalgamation took place.

 

Following the consultation process and the development of the staff recommendations, copies of the staff report were forwarded to those who had provided comments or who had otherwise expressed interest in the subject matter.  The report was also available on the City’s website, along with a summary of the recommendations.  Approximately fifty delegations addressed Committee on September 23rd, when the staff report was considered.

 

Notification that the by-law itself is to be before Committee and Council appeared in the local dailies.

 

FINANCIAL IMPLICATIONS

 

The financial implications are as outlined in the report to Committee and Council in the Fall of 2002, specifically:  by reducing pet identification fees but, by increasing the rate of pet identification, no additional revenue is expected.  Revenues derived from the Pet Registration Service will be deposited to account #132710-407241 and from pound release fees collected to account #132710-407246.  Funds to purchase microchip scanners for By-law Services personnel, as required, and to develop and implement the required public and industry outreach programs, are available in By-law Harmonization Internal Order #900585.

 

ATTACHMENTS

 

Document 1 – Animal Care and Control By-law

 

DISPOSITION

 

Emergency and Protective Services for implementation.  Corporate Services, Legal Services Branch to process the by-law to Council for enactment.

 

 

DOCUMENT 1

BY-LAW NO. 2003-

 

A by-law of the City of Ottawa respecting animal care and control.

 

The Council of the City of Ottawa enacts as follows:

 

DEFINITIONS

 

1.                     In this by-law:

 

“animal” means any member of the animal kingdom, other than a human;

 

“Animal Control Tribunal” means the committee of council known as the License Committee;

 

“attack” means an assault resulting in bleeding, bone breakage, sprains, or serious bruising;

 

“bite” means wound to the skin causing it to puncture or break;

 

“By-law Officer” means a person appointed by Council as a Municipal Law Enforcement Officer to enforce the provisions of the by-law;

 

“cat” means a female or a male cat;

 

“Chief of Police” means the Chief of Police for the City of Ottawa or authorized assistants or persons acting under his or her authority;

 

“City” means the municipal corporation known as the City of Ottawa or the geographic area of the City of Ottawa as the context requires;

 

“Director” means the Director of By-law Services in the Emergency and Protective Services Department of the City of Ottawa or authorized assistants or By-law Officers;

 

“dog” means a female or a male dog;

 

“domestic animal” means a cat or a dog;

 

“dwelling unit” means a building, room or rooms occupied or intended for use as a housekeeping unit in which sanitary, cooking, living and sleeping facilities exist;

 

“exotic animal” means an animal not indigenous to Canada, and not commonly kept as a household pet in Canada;

 

“keep” means to have temporary or permanent control or possession of an animal, and keeping or kept have the same meaning;

 

“kennel” means a licensed enterprise dealing with the breeding, buying, selling or boarding of dogs and cats;

 

“livestock” means any domestic fowl (including chickens, geese, ducks, turkeys, guinea fowl, etc.), horse, donkey, mule, bull, ox, cow or other cattle, goat, swine, sheep, llama, mink, fox, emu or ostrich, or the young thereof, used for agricultural purposes;

 

“Medical Officer of Health” means the Medical Officer of Health for the City of Ottawa or authorized assistants or persons acting under his or her authority;

 

“microchip” means an approved ‘Canadian Standard’ encoded identification device implanted into an animal, which contains a unique code that permits or facilitates access to owner information, including the name and address of the owner, which is stored in a central data base;

 

“muzzle” means a humane fastening or covering device of adequate strength placed over the mouth of an animal to prevent it from biting and the words “muzzled” and “muzzling” have a similar meaning;

 

“operator of the livestock pound” means any one of the livestock handlers as set out in Schedule “C”;

 

“operator of the pound” means the Ottawa Humane Society or such other facility designated by the City;

 

“OSPCA” means the Ontario Society for the Prevention of Cruelty to Animals;

 

“Ottawa Humane Society” means the local animal shelter and affiliate of the OSPCA located at 101 Champagne Avenue South, Ottawa, from which animals may be redeemed or lawfully adopted; 

 

“owner” or owns means any person who possesses or harbours an animal, and where the owner is a minor, the person responsible for the custody of the minor, and includes a person who is temporarily the keeper or in control of the animal;

 

“parkland” means land owned or leased by the City and set aside for park purposes;

 

“pet shop” means a shop or place where animals for use as pets are sold for retail or kept for sale;

 

“petting zoo” means a collection of animals that children may pet and feed and that are not prohibited animals;

 

“play structure” means a swing, slide, spring-mounted riding toy, climbing equipment, play house, sand box or teeter-totter, and the sand-filled area maintained under the play structure, if any.

 

“pound” means the part of the premises of the Ottawa Humane Society, which is used for the temporary housing and care of animals that have been impounded pursuant to this by-law;

 

“premises” means a building or part of a building or a place;

 

“premises of the owner” includes premises where a dog is habitually harboured or fed;

 

“prohibited animals” means the animals identified in Schedule B;

 

“protective care” means the temporary, time-limited keeping of an animal by the City as a result of an eviction, incarceration or fire or medical emergency;

 

“redemption period” means the period of time within which the owner of a dog which has been impounded pursuant to this by-law has the right to redeem it.

 

“service animal” means an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing-impaired, or a special skills dog for other disabled persons and includes an animal used in therapy, registered with a recognized organization for that purpose;

 

“spray pad” means a spray pad whether or not there is water and includes the concrete or asphalt decking;

 

“sterilized” in respect of a dog or cat means either spayed or neutered;

 

“vicious” in respect of a dog means a dog that has bitten or attacked without provocation a person or a domestic animal;

 

“wading pool” means a wading pool whether or not there is water and includes the concrete or asphalt decking;

 

“wild animal” means any indigenous animal, wild by nature or disposition (ferae natural), but does not include the domestic ferret;

 

“without provocation” means in the absence of teasing, tormenting, abusing or assaulting actions upon the dog, or its owner, either in the past or the present, by the person or domestic animal, who sustained the bite or attack.

 

INTERPRETATION

 

2.         (1)         This by-law includes the Schedules annexed hereto and the Schedules are hereby   declared to form part of this by-law.

 

           (2)          It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

 

 

CARE OF ANIMALS

 

RESPONSIBILITY TO CARE FOR ANIMALS

 

3.         (1)        Every person who keeps an animal within the City shall ensure that such animal is provided with:

                        (a)        a clean and sanitary environment free from an accumulation of fecal matter,

                        (b)        adequate and appropriate care, food, water, shelter, and opportunity for physical activity.

 

            (2)        Subsection (1) shall be enforced by an inspector or agent, authorized by the OSPCA, under the provisions of The Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36, as amended.

 

TETHERS

 

4.         (1)        No person within the City shall keep an animal tethered on a rope, chain or similar

                        restraining device unless:

                        (a)        the tether is of appropriate length for the species tethered,

                        (b)        the animal has unrestricted movement within the range of such tether,

                                    and

(c)                the animal cannot injure itself as a result of the tethering,

            (2)        Despite clause (a) of subsection (1), in the case of dogs, the tether shall be a minimum of three (3) meters in length.

 

KEEPING ANIMALS UNDER SANITARY CONDITIONS

 

5.        (1)         Every person who keeps an animal within the City shall ensure that such animal is not kept under conditions where an accumulation of fecal matter, odour, insect infestations or rodent attractants disturb or are likely to disturb the enjoyment, comfort, convenience of a person or may endanger the health of any person or animal.

 

           (2)         Subsection (1) does not apply to livestock kept in accordance with the provisions of Section 73 of this by-law.

 

            (3)        Subsection (1) shall be enforced by an inspector or agent, authorized by the OSPCA, under the provisions of The OSPCA Act, R.S.O. 1990, c. O.36, as amended.

 

PROTECTIVE CARE

 

6.                     The Director is authorized to:

(a)                receive animals pursuant to an eviction, incarceration, fire or medical

            emergency, or for any other situation that the Director deems appropriate,

                        (b)        temporarily keep such animals for a maximum of five (5) days,

                        (c)        charge the owner the current per diem sheltering fee and all costs for                                          required veterinary medical care, when the animals are redeemed, and

                        (d)        at the end of the five (5) day protective care period, unless other arrangements are agreed to between the owner and the City, treat such animals as day-one impounded animals.

 

DOGS

 

REGISTRATION

 

7.         (1)        Every owner of a dog shall:

                        (a)        register the dog with the City in accordance with Section 8 and pay an annual tag and registration fee, as set out in Schedule “A”,

                        (b)        obtain and renew such registration annually no later than April 30th of each year,

                        (c)        keep the dog identification tag, issued by the City as part of the registration, securely affixed on the collar or harness on the dog at all times, and

(d)               obtain a replacement tag, and pay the fee as set out in Schedule “A”, in the event that such tag is lost.

 

            (2)        Where an original application for the tag and registration  is filed after the expiry of the first six months of the registration period, the owner shall pay at the time of issuance of the dog identification tag one-half of the fee set out in Schedule “A”.

 

(3)               Clause (b) of subsection (1) shall not apply to the owner of a dog where the dog is registered as microchipped and sterilized.

 

 

8.         (1)        Every applicant for dog registration shall provide to the Director the following

                        information:

                        (a)        name, address, telephone number of the dog owner,

                        (b)        name, age, gender, breed, and colour of the dog,

                        (c)        proof of sterilization from a qualified veterinarian, if applicable, and

                        (d)        proof of a microchip implant, if applicable.

 

            (2)        Despite subsection (1), where the applicant provides certification from a qualified veterinarian that the dog is a poor surgical risk and should not undergo the sterilization procedure, the Director may issue a tag and register the dog at the same fee as that for a sterilized dog.

 

            (3)        The dog owner shall notify the Director of any change in information provided in subsection (1) or of the sale or death of the dog, as applicable.  

 

            (4)        The Director shall:

                        (a)        keep a complete registry of all dogs in respect of which tags are issued, and

                        (b)        provide each registrant with a numbered tag and a sticker for each dog in respect of which the tag is issued.

 

            (5)        The identification tag issued by the City in respect of a dog is not transferable.

 

RUNNING AT LARGE

 

9.                     For the purposes of this by-law, a dog shall be deemed to be running at large if found in any place other than the premises of the dog and not under the control of any person.

 

10.                   No owner of a dog shall permit the dog to run at large in the City.

 

11.                   Every owner of a dog shall ensure that the dog is kept on a leash and under the control of some person when the dog is on any land in the City unless:

                        (a)        the land is the premises of the owner of the dog,

                        (b)        the land is owned by a person who has given prior consent to the dog being off the leash, or

                        (c)       the land is parkland that is:

                                        (i)                 owned by the City, and

                                    (ii)        not designated by sign as an area where dogs are prohibited.

 

12.                   Despite clause (c) of Section 11, in the case of parkland that is,

                        (a)        owned by the Corporation, and

                        (b)        designated by sign as an area where dogs are required to be kept on the leash,

every owner of a dog shall ensure that the dog is kept on a leash and under the control of some person when the dog is in the area designated by sign.

 

13.                   No owner of a dog shall permit the dog to be off leash in contravention of Section 11.

 

14.                   No owner of a dog shall permit the dog to be off leash in contravention of Section 12.

 

15.                   No person shall use, on a dog, a leash that exceeds three (3 m) metres in length.

 

16.                   No person shall control a dog by means of a leash that:

                        (a)        is not held by a person in his or her hand, or

                        (b)        is not securely affixed to some immovable structure from which the dog cannot escape.

 

17.                   Sections 7 to 16  inclusive shall not apply to police working dogs, during the course of fulfilling their duties. 

 

IMPOUNDMENT

 

18.                   The Chief of Police or a By-law Officer may seize any dog which is found running at large in the City and may cause such dog to be delivered to the pound.

 

19.                   Any person may seize any dog which is found running at large in the City of Ottawa and may cause such dog to be delivered to the pound.

 

20.                   A dog seized pursuant to Section 18 or 19 shall be considered impounded at the time and place when it comes under the control of the Chief of Police, By-law Officer or person.

 

21.                   The operator of the pound to which any dog seized or found pursuant to this by‑law has been delivered shall:

(a)                impound such dog, and

(b)               make reasonable efforts to determine the identity of the owner of such dog and to inform such person that the dog has been impounded.

 

22.                   The operator of the pound shall keep any impounded dog for a redemption period of three (3) days, excluding:

                        (a)        the day on which the dog is impounded,

                        (b)        statutory holidays, and

                        (c)        days on which the pound is not open.

 

23.       (1)        During the redemption period, the operator of the pound shall:

                        (a)        provide such veterinary care for an injured or ill impounded dog as may be necessary to sustain its life, and

                        (b)        be entitled to recover from the owner, the cost of veterinary care provided while the dog was impounded, in addition to any other fees due the City for redemption of the dog,

                       

            (2)        During the redemption period, the operator of the pound may euthanize an impounded and seriously injured or ill dog without delay, when in the opinion of the operator of the pound such actions are warranted for humane reasons.

 

24.                   During the redemption period, the owner of a dog impounded pursuant to this by-law may obtain release of such dog provided that the owner:

                        (a)        pays the redemption fee, as set out in Schedule “A”,

(b)               provides evidence that the dog is registered with the City pursuant to Section 7 of this by-law or, if not, obtains such registration and pays the registration fee, as set out in Schedule “A” prior to release of the dog, and

(c)                takes such other action as the operator of the pound or the City may direct.

 

25.                   After the expiration of the redemption period, the operator of the pound where a dog has been impounded pursuant to this by‑law may:

                        (a)        release the dog to its owner upon compliance with the requirements for release prescribed in Section 24,

                        (b)        keep, sell or dispose of the dog, subject to the provisions of the Animals for Research Act, R.S.O. 1990, Chap. A.22, as amended.

 

26.                   Whenever a dog impounded pursuant to this by‑law is released to its owner pursuant to Section 24 or Section 25, a record of such release shall be kept by the operator of the pound and made available upon request to the Chief of Police or the Director. 

 

DOG BITES

 

27.                   No owner of a dog shall permit the dog to bite or attack without provocation a person or domestic animal.

 

28.                   Where the Director is informed upon complaint and confirms that a dog is vicious, the Director shall serve notice upon the owner of the vicious dog requiring the owner to comply with any or all of the requirements set out in Sections 29 and 30 of the by-law upon receipt of such notice to comply.

 

29.                   Every owner of a vicious dog shall at all times when the vicious dog is not in the owner's dwelling unit but, otherwise within the boundaries of the owner's premises, ensure that:

                        (a)        the vicious dog is muzzled so as to prevent it from biting a person or domestic animal; 

                        (b)        the vicious dog is securely leashed on a leash which does not allow it to go beyond the property line of the owner's lands; and

                        (c)        the vicious dog is contained within an enclosed area, including a fence of an appropriate height for the breed of dog, or in a manner such that the vicious dog is unable to come into contact with persons or other animals.     

 

30.                   Every owner of a vicious dog shall at all times when the vicious dog is not within the boundaries of the owner's premises,

                        (a)        keep the vicious dog under the effective control of a person sixteen (16) years of age or older and under leash, such leash not to exceed two (2 m) metres in length, and

                        (b)        keep the vicious dog muzzled.

 

31.                   Every owner of a vicious dog shall notify the Director within two (2) working days of any change in ownership or residence of the vicious dog and provide the Director with the new address and telephone number of the owner.

 

32.                   Where the owner of a vicious dog is informed that he or she must comply with Sections 29 and 30 of the by-law, the owner is entitled to a hearing by the Animal Control Tribunal who may exempt the owner from the muzzling or leashing requirement, or both such requirements.

 

33.                   Where the owner of a vicious dog requests in writing to the Director a hearing by the Animal Control Tribunal,

                        (a)        within fourteen (14) days of receiving the notice to comply, or

(b)         at any time after the Animal Control Tribunal has confirmed the muzzling

or leashing requirement, or both, if the circumstances respecting the vicious dog have changed, the Director shall advise the Committee Coordinator to the Animal Control Tribunal of the request for a hearing and obtain a hearing date.

 

34.                   Upon determination of the hearing date, the Director shall give notice in writing to the owner of the vicious dog, said notice to:

                        (a)        include a statement,

                    (i)         as to the time, date, place and purpose of the hearing, and

                            (ii)        that if the owner of a vicious dog does not attend the hearing the Tribunal may proceed in his or her absence and he or she will not be entitled to any further notice, and

                        (b)        be served personally or by registered mail to the owner of a vicious dog at his or her address last on file with the Director.

 

35.       (1)        The Animal Control Tribunal shall hold the hearing pursuant to the provisions of

the Statutory Powers Procedure Act, R.S.O. 1990, Chapter S.22, as amended at the time, date and place set out in the notice to comply.

 

            (2)        The City shall be represented at the hearing by either the Director or the City Solicitor, or the assistant who is entitled to adduce evidence and submit argument.

 

                      (3)              The owner of the vicious dog may, at the hearing,

                        (a)        be represented by counsel or an agent,

    (b)        call and examine witnesses and present his or her arguments and sub­missions, and

                        (c)        conduct cross‑examination of witnesses reasonably required for a full and fair disclosure.

 

                          (4)      The Animal Control Tribunal may:

                        (a)        exempt the owner of the vicious dog from the muzzling or leashing requirement, or both, or

                        (b)        confirm the muzzling or leashing requirement, or both.

 

            (5)        The Animal Control Tribunal shall give its decision in writing to the Director within seven (7) days of the date of the completion of the hearing.

 

(6)      The Director, in receipt of the decision referred to in subsection (5), shall forthwith notify the owner of the vicious dog of the decision by serving a copy personally or by registered mail to:

                        (a)        the owner of the vicious dog at the address last known to the Director, or

                                                    (b)    the counsel or agent of the owner of the vicious dog, if any, at his or her address as stated to the Animal Control Tribunal.

 

            (7)        All hearings shall be public hearings unless the owner of a vicious dog requests that the hearing be held in camera and the Animal Control Tribunal may approve the request by a simple majority.

 

                          (8)      The Animal Control Tribunal’s decision shall be final and binding.

 

36.                   Sections 27 to 35 inclusive shall not apply to police working dogs during the course of fulfilling their duties.

 

STOOP AND SCOOP

 

37.                   Every person having control of a dog shall immediately remove any feces left by the dog in the City:

                        (a)        on a highway or roadway,

                        (b)        in a public park,

                        (c)        on any public property other than a public park, or

(d)               on any private property other than the property of,

(i)            the owner of the dog, or

(ii)     the person having care, custody or control of the dog.

 

38.                   Every person having control of a dog shall dispose of any feces removed pursuant to Section 37 on his or her premises.

 

39.                   Every owner of a dog shall remove from his or her property , in a timely manner, feces left by such dog, so as not to disturb the enjoyment, comfort, convenience of any person in the vicinity of the property.

 

40.                   Section 37 does not apply to a handler of a service dog, where the handler is unable to remove the excrement left by such dog due to a physical disability or impediment.

 

41.                   Section 38 does not apply to a blind or visually-impaired handler of a service dog if the feces was left while the dog was off the premises of the handler and during the course of fulfilling its duties.

 

DOGS IN PARKS

 

42.                   No person shall have a dog on parkland, or any part thereof, that is designated by sign as an area where dogs are prohibited.

 

43.                   No person shall have a dog on parkland, or any part thereof, that is designated by sign as an area where dogs are prohibited during,

                        (a)        certain times of the day,

                        (b)        certain days of the week, or

                        (c)        certain months of the year.

 

44.                   No person shall have a dog on parkland, or any part thereof, that is within five (5m) meters of:

                        (a)        a play structure,

                        (b)        a wading pool, or

                        (c)        a spray pad.

 

45.                   Despite Section 44, a person may have a dog that is kept on a leash on an asphalt path on part of parkland that is within 5 metres of a play structure, a wading pool, or a spray pad provided that the parkland is not designated by sign as an area where dogs are prohibited and the person traverses the prohibited area without stopping.

 

46.                   No person shall keep an unleashed dog on parkland, or any part thereof, unless such parkland is designated such that dogs may be kept off-leash, providing that the person in control of such dog shall keep such dog in sight and under voice control at all times, and shall promptly leash such dog when confrontations with humans or other animals may potentially develop.

 

47.                   Every person that takes a dog onto parkland or a part thereof or has a dog on parkland or a part thereof that is not designated by sign as an area where dogs are prohibited shall comply with the by-laws of the City including this by-law.

 

48.                   No person shall, without authority from the Director erect, alter, move, remove or deface or in any manner interfere with any sign designating an area where dogs are prohibited.

 

49.                   Sections 42 to 48 inclusive shall not apply to a service dog when accompanied by its handler.

 

NUMBER OF DOGS RESTRICTED

 

50.                   No person shall keep, in or about a dwelling unit in the City, more than three (3) dogs over twenty (20) weeks of age, unless such premises are:

(a)                licensed by the City as a kennel or a pet shop,

(b)               registered with the City as premises where dogs are receiving temporary foster care, or

(c)                an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended.

 

51.      (1)        Despite Section 50, any person who owns more than the permitted number of dogs on the date this by-law comes into force shall be permitted to keep those dogs provided that such dogs are registered with the City in accordance with Sections 6 and 7 within ninety (90) days of the date that the by-law comes into force.

 

            (2)        The burden of proving the exemption from Section 50 is upon the person making the assertion, of which registration with the City as provided in subsection (1) shall be sufficient proof thereof.

 

(3)               The exemption provided for in subsection (1) shall be for the life of the dog.

 

52.                   The Director shall maintain a list of all dogs registered pursuant to Section 51.

 

 

CATS

 

REGISTRATION

 

53.       (1)        Every owner of a cat, where the owner resides in an area of the City where the zoning permits residential land use shall:

                        (a)        register the cat with the City in accordance with Section 54 and  pay an annual tag and registration fee, as set out in Schedule “A”,

                        (b)        obtain and renew such registration annually no later than April 30th of each year,

                        (c)        keep the cat identification tag, issued by the City as part of the registration, securely affixed on the collar or harness on the cat at all times, and

(e)                obtain a replacement tag and pay the fee, as set out in Schedule “A”, in the event that such tag is lost.

 

(2)               Where an original application for the tag and registration is filed after the expiry of the first six months of the registration period, the owner shall pay at the time of issuance of the cat identification tag one-half the fee set out in Schedule “A”.

 

            (3)        Clause (b) of subsection (1) shall not apply to the owner of a cat where the cat is registered as microchipped and sterilized.

 

54.       (1)        Every applicant for cat registration shall provide to the Director the following information:

                        (a)        name, address, telephone number of the cat owner,

                        (b)        name, age, gender, breed, and colour of the cat,

                        (c)        proof of sterilization from a qualified veterinarian, if applicable, and

                        (d)        proof of a microchip implant, if applicable.

 

            (2)        Despite subsection (1) where the applicant provides certification from a qualified veterinarian that the cat is a poor surgical risk and should not undergo the sterilization procedure, the Director may issue a tag and register the cat at the same fee as that for a sterilized cat.

 

            (3)        The owner of the cat shall notify the Director of any change in information as provided in subsection (1) or of the sale or death of the cat, as applicable.  

 

            (4)        The Director shall:

                        (a)        keep a complete registry of all cats in respect of which tags are issued, and

                        (b)        provide each registrant with a numbered tag and a sticker for each cat in respect of which the tag is issued.

 

            (5)        The identification tag issued by the City in respect of a cat is not transferable.

 

DISTURBANCE

 

55.                   No owner of a cat, where the owner resides in an area of the City where the zoning permit residential land use, shall permit such cat to cause damage or otherwise create a nuisance or disturbance either to another person or another person’s property where that property is in an area of the City where the zoning permits residential land use.

 
IMPOUNDMENT

 

56.                   Where a person registers a request for service with the City that a cat is found causing damage or otherwise creating a nuisance or disturbance to the person or the person’s property which is located in an area of the City where the zoning permits residential land use, the Chief of Police or a By-law Officer may seize the cat provided the cat is contained and may cause the cat to be delivered to the pound.

 

57.                   A cat seized pursuant to Section 56 shall be considered impounded at the time and place when it comes under the control of the Chief of Police or By-law Officer.

 

58.                   The operator of the pound to which any cat seized or found pursuant to this by‑law has been delivered shall impound such cat and shall make reasonable efforts to determine the identity of the owner of such cat and to inform such person that the cat has been impounded.

 

59.                   The operator of the pound shall keep any impounded cat for a redemption period of  three (3) days, excluding:

                        (a)        the day on which the cat is impounded,

                        (b)        statutory holidays, and

                        (c)        days on which the pound is not open.

 

60.       (1)        During the redemption period, the operator of the pound shall:

                        (a)        provide such veterinary care for an injured or ill impounded cat as may be necessary to sustain its life,

                        (b)        be entitled to recover, from the owner, the cost of veterinary care provided while the cat was impounded, in addition to any other fees due the City for redemption of the cat.

 

            (2)        During the redemption period, the operator of the pound may euthanize an impounded seriously injured or ill cat without delay, when in the opinion of the operator of the pound such actions are warranted for humane reasons.

 

61.                   During the redemption period, the owner of a cat impounded pursuant to this by-law may obtain release of such cat provided that the owner:

                        (a)        pays the redemption fee, as set out in Schedule “A”,

                        (b)        provides evidence that the cat is registered with the City pursuant to Section 53 of this by-law or, if not, obtains such registration and pays the registration fee, as set out in Schedule “A” prior to release of the cat, and 

                        (c)        takes such other action as the operator of the pound or the City may direct.

 

62.                   After the expiration of the redemption period, the operator of the pound where a cat has been impounded pursuant to this by‑law may:

                        (a)        release the cat to its owner upon compliance with the requirements for release prescribed in Section 61;

                        (b)        keep, sell or dispose of the cat, subject to the provisions of the Animals for Research Act, R.S.O. 1990, Chap. A.22, as amended.

 

63.                   Whenever a cat impounded pursuant to this by‑law is released to its owner pursuant to Section 61 or Section 62, a record of such release shall be kept by the operator of the pound and made available upon request to the Chief of Police or the Director. 

 

NUMBER OF CATS RESTRICTED

 

64.                   No person shall keep, in or about a dwelling unit in an area of the City where the zoning permits a residential land use, more than five (5) cats over twenty (20) weeks of age, unless:

                        (a)        the total number of both dogs and cats shall not exceed five (5), where both dogs and cats are kept, with a maximum number of three (3) dogs permitted,

                        (b)        the premises are licensed by the City as a kennel or petshop,

(c)                the premises are registered with the City as premises where cats and/or dogs are receiving temporary foster care, and

                        (d)        the premises are an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended.

 

65.    (1)         Despite Section 64, any person who owns more than the permitted number of cats on the date this by-law comes into force shall be permitted to keep those cats provided the owner has advised the City in writing of the number of cats and his or her name, address and phone number within ninety (90) days of the date that the by-law comes into force.

 

         (2)         The burden of proving the exemption from Section 64 is upon the person making the assertion, of which written notice to the Director provided in subsection (1) shall be sufficient proof thereof.

 

         (3)         The exemption provided for in subsection (1) shall be for the life of the cat.

 

66.                   The Director shall maintain a list of all cats for which notice has been received in accordance with Section 65.

 

RABIES

 

RABIES IMMUNIZATION

 

67.                   Every owner or person in the City having the care and custody of a dog or cat three (3) months of age or over shall ensure that the dog or cat is duly immunized against rabies and that the immunization is current.

 

68.                   Section 67 shall be enforced by the Medical Officer of Health pursuant to the provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended.

 

RABIES SUSPECTS

 

69.                   Every owner of a dog or cat in the City, which is suspected of having been exposed to rabies, or which has bitten, scratched or had other contact which may result in rabies in a person, shall on demand, surrender such animal to the City to be held by the City in quarantine, without cost to the owner, for ten (10) days, and such animal shall not be released from such quarantine without permission from the Medical Officer of Health.

 

70.                   Despite Section 69, at the discretion of the Medical Officer of Health, an animal may be held in quarantine on the premises of the owner, or at the owner’s expense in a veterinary hospital or licensed kennel of the owner’s choice.

 

71.                   Sections 69 and 70 shall be enforced by the Medical Officer of Health pursuant to the provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended.

 

 

LIVESTOCK

 

72.       (1)        No person shall keep livestock in any area of the City unless the area is zoned for

                        that purpose or is lawfully used for that purpose.

 

            (2)        Subsection (1) shall not apply to the areas known as:

                        (a)        Carleton University,

                        (b)        the Experimental Farm,

(c)        Lansdowne Park,

                        (d)        Government House – Rideau Hall,

                        (e)        The National Capital Equestrian Park,

                        (f)         R.C.M.P. “N” Division,

                        (g)        University of Ottawa,

                        (h)        113 York Street

                        (i)         the property of the Ottawa Humane Society,

(j)                 the premises of an accrediied veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended,

                        (k)        any area lawfully used for a traveling show, petting zoo, or other like shows, and

                        (l)         any area lawfully used as a zoo.

 

73.       (1)        For the purposes of this by-law, livestock shall be deemed to be running at large if

found in any place other than the premises of the livestock and not under the control of any person.

 

            (2)        No person shall permit any livestock to run at large in the City.

 

74.                   The operator of the livestock pound shall, at the City’s request, seize and confine any livestock running at large in the City and shall make reasonable efforts to determine the identity of the owner of the livestock and to inform the owner that the livestock has been impounded.

 

75.                   Any livestock in the care of the operator of the livestock pound shall be retained, released and, where appropriate, sold in accordance with the Pounds Act, R.S.O. 1990, Chapter P.17, as amended.

 

76.                   The owner of any livestock found running at large shall be liable for all damages caused by such livestock and for the expenses, if any incurred by the operator of the livestock pound.

 

PIGEONS

 

77.                   No person shall keep pigeons or doves or both (hereinafter referred to in this Section as “birds”) in an area of the City where the zoning permits residential land use unless:

                        (a)        the owner of the birds is a member of a recognized racing or homing pigeon club, which is affiliated with a national pigeon association, and

                        (b)        the birds are not kept in, upon, or under any building used for human habitation,

                        (c)        the birds are kept in a loft of sufficient size to house all birds, which shall provide a minimum space of 1.0 square meters of loft space for every ten (10) birds, and be so constructed as to prevent escape by the birds,

                        (d)        the birds’ loft is located at a distance of not less than seven (7) meters from any dwelling, shop or apartment building, and at a distance of not less than three (3) meters from any adjoining property line,

                        (e)        the maximum number of birds kept by any person on any property in an area of the City where the zoning permits residential land use is thirty (30) adult birds,

                        (f)         each bird wears a metal or plastic leg band that shall identify the owner of the bird,

                        (g)        none of the birds are permitted to stray, perch, roost, nest or rest upon any premises other than on the premises of the owner,

                        (h)        any bird afflicted with an infectious or contagious disease is not kept, except in a licensed animal hospital or under conditions of isolation and quarantine approved by the Medical Officer of Health, as applicable, and

                        (i)         all lands and premises where the birds are kept, are kept and maintained in a sanitary condition at all times, and all waste materials from said lands and premises are disposed of in a manner that will not create a public nuisance or health hazard.

 

RABBITS

 

78.                   No person shall keep rabbits in an area of the City where the zoning permits residential land use unless:

                        (a)        no more than five (5) rabbits over the age of seven (7) weeks are kept on the property of any dwelling unit,

                        (b)        the rabbits are kept as pets only,

                        (c)        the rabbits, if routinely kept outside, are kept in a properly constructed hutch or cage that is so constructed as to prevent escape by the rabbit, and

                        (d)        all lands and premises where rabbits are kept, are kept in a sanitary condition at all times, and all waste materials are disposed of in a manner that will not create a public nuisance or health hazard.

 

 

PROHIBITED ANIMALS

 

79.                   No person shall keep in the City, either on a temporary or permanent basis, any

                        prohibited animal, as set out in Schedule “B”.

 

80.       (1)        Despite Section 79, a person who is keeping a prohibited animal on the date this by-law comes into force, shall be permitted to keep such animal provided that:

(a)                the animal is kept in an environment which is appropriate for the species, and

(b)               the owner has advised the Director in writing of the species of animal and his or her name,  address and phone number within ninety (90) days of the date that the by-law comes into force.

 

(2)               The burden of proving the exemption from Section 79 is upon the person making the assertion, of which written notice to the Director as provided in subsection (1) shall be sufficient proof.

 

(3)        The exemption provided for in subsection (1) is for the life of the animal.

 

81.                   The Director shall maintain a list of all prohibited animals for which written notice has been received in accordance with Section 80.

 

82.                   Section 79 shall  not apply to:

                        (a)        any of the City’s animal care and control centres, as applicable,

                        (b)        the Ottawa Humane Society,

                        (c)        the premises of an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended,

                        (d)        the premises of any licensed zoo or exhibit, permanently located in the City,

                        (e)        premises or facilities accredited by the Canadian Association of Zoos and Aquaria (CAZA),

                        (f)         the areas of the City in which professionally produced films are made using such animals, provided that there is supervision by Inspectors or Agents of the OSPCA or one of its affiliates or branches,

(g)        the areas of the City in which educational programs are being conducted with animals, provided that the animals are owned by institutions accredited by CAZA or the American Zoo and Aquarium Association, and only while the educational programs are actually conducted, provided that such programs are limited to three days at any one location,

(h)        premises registered as research facilities pursuant to the Animals for Research Act, R.S.O. 1990.c.A.22,

                        (i)         the property of Algonquin College,

                        (j)         the property of Carleton University,

                        (k)        the property of the University of Ottawa,

                        (l)         premises where wildlife rehabilitation is being undertaken in accordance with the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chapter 41, as amended and associated regulations under the jurisdiction of the Ontario Ministry of Natural Resources,

                        (m)       the premises used by the Conservation Unit of the National Capital Commission, 

                        (n)        the premises known as Little Ray’s Reptile Adventure,

                        (o)        the premises known as Life of Reilly Petting Zoo,

                        (p)        premises fostering rescued animals under the auspices of organizations, which are exempted under the by-law, are recognized rescue organizations, and provide an educational function as part of their mandate.

 

NOISE FROM ANIMALS

 

83.       (1)        No person shall keep, own, or harbour in the City any animal which makes or causes noises that disturb or are likely to disturb the peace, quiet, rest, enjoyment, or comfort of:

                        (a)        any person in any dwelling, apartment, or other type of residence in the neighbourhood, or

                        (b)        any person in the vicinity or neighbourhood.

 

            (2)        Subsection (1) shall not apply to livestock kept in accordance with Section 72 of this by-law.

 

OFFENCES AND PENALTIES

 

OFFENCES

 

84.             Any person who contravenes any provisions of this by-law is guilty of an offence.

 

FINES

 

85.             Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended.

 

PROHIBITION ORDER

 

86.             When a person has been convicted of an offence under this by-law:

(a)       the Ontario Court of Justice; or

(b)      any court of competent jurisdiction thereafter

may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

 

 

ADMINISTRATION

 

ENFORCEMENT

 

87.                   Unless otherwise provided in the by-law, the By-law shall be enforced by the Chief of Police or by the By-law Officers of the City.

 

 

SHORT TITLE

 

88.                   This by-law may be referred to as the “Animal Care and Control By-law”.

 

 

REPEAL AND TRANSITION

 

CITY OF CUMBERLAND

 

89.       (1)        Subject to subsection (2), By-law 86-87 of the old Corporation of the Township of Cumberland entitled “A by-law to provide for the licensing of dogs and the regulating of the keeping of dogs”, as amended, is repealed.

 

(2)        The following provisions of the said By-law 86-87 shall remain in full force and effect:

(a)        Section 1, paragraphs (f), (j) and (p),

(b)        Section 9,

(c)         Section 10,

(d)         Section 24,

(e)         Section 27,

(f)          Items (c) and (d) of Schedule “A”, and

(g)         Schedule “B”.

 

90.                               By-law Number 2341 of the old Corporation of the Township of Cumberland entitled “Being a By-law to regulate the keeping of bulls within the Township of Cumberland and prohibiting the running at large of bulls within the Township”, is repealed.

 

CITY OF GLOUCESTER

 

91.       (1)        Subject to subsections (2) and (3), By-law No. 176 of 1996 of the old Corporation

of the City of Gloucester entitled “A By-law to regulate and prohibit the keeping, and to provide for the protection and identification of animals in the City”, as amended, is repealed.

 

(2)        The following provisions of the said By-law Number 176 of 1996 shall remain in full force and effect:

(a)        Section 1, paragraphs (3), (4), (6), (7), (15) and (20),

(b)        Sections 42 to 52 inclusive,

(c)        Sections 62 to 65 inclusive,

(d)        the Items entitled “Kennel Licence” and “Kennel Licence Application Fee” on Schedule “A” entitled “Fee Schedule”, and

(e)        Schedule “B” entitled “Required Kennel Fence”.

 

(3)        The following provisions of the said By-law Number 176 of 1996 shall remain in full force and effect until January 1, 2004:

(a)        Section 1, paragraphs (2), (13) and (14),

(b)        Section 9 to 14 inclusive,

(c)        Sections 27 to 32 inclusive,

(d)        the items  “Metal Tag’, “Cat License for spayed or neutered cats” and “Replacement Tag” under the heading “Cat Identification” on Schedule “A” entitled “Fee Schedule”, and

(d)        the item “Cats and Dogs” under the heading “Release Fee for Impounded Animals” on Schedule “A” entitled “Fee Schedule”.

 

(4)        The following provisions of the said By-law Number 176 of 1996 referred to in subsection (3) are amended:

(a)        by striking out the expression “Domestic Animal” wherever it occurs in Sections 27 to 32 and substituting therefor, in each case, the word “Cat”, and

(b)        by striking out the expressions “a Dog licence for the current year or” and “the Dog or” where they occur in Section 30.

 

TOWNSHIP OF GOULBOURN

 

92.       (1)        Subject to subsection (2), By-law 11-95 of the old Corporation of the Township of

Goulbourn entitled “Being a by-law for the licencing, regulating and keeping of animals”, as amended, is repealed.

 

(2)        The following provisions of the said By-law 11-95 shall remain in full force and effect:

(a)        Section 1, the definitions “DOG”, “FENCE”, “GATE”, “KENNEL”, “CHIEF MUNICIPAL LAW ENFORCEMENT OFFICER”, “OWNER”, and “VICIOUS”,

(b)        Subsection 5 of Section 6

(c)        Section 6,

(d)        Subsections 4 and 5 of Section 9,

(e)        Sections 11, 12 and 13,

(f)         Schedule “A”, and

                        (g)        Schedule “B”.

 

CITY OF KANATA

 

93.       (1)        Subject to subsection (2), By-law Number 105-89 of the old Corporation of the City of Kanata entitled “Being a By-law of the Corporation of the City of Kanata to regulate the keeping and running at large of animals”, as amended, is repealed.

 

(2)        The following provisions of the said By-law Number 105-89 shall remain in full force and effect until January 1, 2004:

(a)        Sections 11 and 12, and

(b)        Items 2 and 4 on Schedule “D” pertaining to licence fees.

 

CITY OF NEPEAN

 

94.       (1)        Subject to subsection (2), By-law No. 15-93 of the old Corporation of the City of Nepean entitled “Being a by-law of The Corporation of the City of Nepean respecting the management, protection and identification of animals and for prohibiting the keeping of animals or any class thereof”, as amended, is repealed.

 

(2)        The following provisions of the said By-law No. 15-93 shall remain in full force and effect until January 1, 2004:

(a)        Paragraphs (a), (b), (d), (m) and (o),

(b)        Section 2,

(c)        Sections 5 and 6,

(d)        Sections 23 to 29 inclusive,

(e)        Sections 36 to 41 inclusive, and

(f)         the items under the headings “Release Fees” and “Cat Registration” in Schedule “A” entitled “Relating to Fees”.

 

(3)        The following provisions of the said By-law No. 15-93 referred to in subsection (2) are amended:

(a)        by striking out the expressions “or dog” and “the licence for the dog or” where they occur in Section 5,

(b)        by striking out the expression “or dog” where it occurs in Section 6,

(c)        by striking out the expression “domestic animals” where it occurs in Section 29 and substituting therefor the word “cats”, and

(d)        the portion of Schedule “A” entitled “Relating to Fees” is amended by striking out the expression “Domestic Animals” where it occurs therein and substituting therefor the word “Cats”.

 

TOWNSHIP OF OSGOODE

 

95.                   By-law No. 40-1994 of the old Corporation of the Township of Osgoode entitled “being a by-law concerning animal control”, as amended, is repealed.

 

CITY OF OTTAWA

 

96.                   The following by-laws or portions of by-laws of the old Corporation of the City of Ottawa are repealed:

(a)        By-law Number 259-80 entitled “A by-law of The Corporation of the City of Ottawa respecting the keeping of certain animals and birds”, as amended,

(b)        By-law Number 361-78 entitled “A by-law of The Corporation of the City of Ottawa respecting the keeping of donkeys, horses and mules”, as amended,

(c)        By-law Number 292-78 entitled “A by-law of The Corporation of the City of Ottawa respecting the keeping of certain animals commonly known as exotic pets”, as amended,

(d)        Sections 5, 6 and 7 of By-law Number 59-76 entitled “A by-law of The Corporation of the City of Ottawa respecting kennels and the limitation of the number of cats and dogs”, as amended,

(e)        Subsections (1) to (12) inclusive of Section 6 of By-law Number 225-74 entitled “A by-law of The Corporation of the City of Ottawa respecting Recreation and Parks”, as amended,

(f)         Section 4 of By-law Number 3-97 entitled “A by-law of The Corporation of the City of Ottawa respecting noises”, as amended,

(g)        By-law Number 83-92 entitled “A by-law of The Corporation of the City of Ottawa to prohibit the running at large of dogs in the City of Ottawa”, as amended, and

(h)        By-law Number 196-81 entitled “A by-law of The Corporation of the City of Ottawa respecting dog waste”, as amended.

 

97.                   By-law Number L6-2000 of the old Corporation of the City of Ottawa entitled “A by-law of The Corporation of the City of Ottawa respecting licenses”, as amended, is amended:

(a)        by repealing the item entitled “Dogs” in Schedule No. 1 entitled “Fee Structure”, and

(b)        by repealing Section 1, Sections 3 to 6 inclusive and Subsections (1) and (3) to (5) inclusive of Section (2) of Schedule No.10, “Relating to Dogs”.

 

TOWNSHIP OF RIDEAU

 

98.       (1)        Subject to subsection (2), By-law No. 39/99 of the old Corporation of the Township of Rideau entitled “Being a by-law to regulate the keeping of dogs in the Township”, as amended is repealed.

 

(2)        The following provisions of the said By-law No. 39/99 shall remain in full force and effect:

(a)        Section 1, clauses (a) to (e) inclusive,

(b)        Section 3, clause (a),

(c)        Sections 4 and 5,

(d)        Section 6, clause (c),

(e)        Sections 7 and 8,

(f)         Sections 14 to 20 inclusive,

(g)        Section 24, and

(h)        the item “Kennel Licence” on Schedule “A” entitled “Licence Fees”

 

(3)        The provisions of the said By-law No. 39/99 referred to in subsection (2) are amended:

(a)        by striking out the expression “for a licence for a dog or” where it occurs in Section 5,

(b)        by striking out the expression “Dog Licence Issuer or” where it occurs in Section 6, and

(c)        by striking out the expression “for a dog or” where it occurs in Section 8.

 

99.                   The following by-laws of the old municipality of the Corporation of the Township of Rideau are repealed:

(a)        By-law No. 15/94 entitled “Being a by-law to regulate dog waste”,

(b)        By-law No. 21/93 entitled “Being a by-law to govern the keeping of pigeons”,

(c)        By-law No. 56/89 entitled “Being a by-law to prohibit the keeping of certain animals commonly known as exotic pets”, and

(d)        By-law No. 101/81 entitled “Being a by-law to prohibit the running at large or trespassing of animals other than dogs”.

 

VILLAGE OF ROCKCLIFFE PARK

 

100.                 The following by-laws of the old municipality of the Corporation of the Village of Rockcliffe Park are repealed:

(a)        By-law Number 92-27 entitled “A By-law of the Corporation of the Village of Rockcliffe Park respecting dog waste”,

(b)        By-law Number 92-7 entitled “ A By-law of the Corporation of the Village of Rockcliffe Park to provide for the licensing of dogs”,

(c)        By-law Number 80-28 entitled “A By-law of the Corporation of the Village of Rockcliffe Park to provide for the inoculation of dogs”,

(d)        By-law Number 74-25 entitled “A By-law of the Corporation of the Village of Rockcliffe Park to prohibit the keeping of domestic fowl, cattle, goats or swine”,

(e)        By-law Number 54-24 entitled “A By-law of the Corporation of the Village of Rockcliffe Park regarding squirrels, rats, pigeons and skunks”,

(f)         By-law Number 50-4 entitled “A By-law regulating the running at large of dogs”, as amended, and

(g)        By-law Number 54-23 entitled “A By-law of the Corporation of the Village of Rockcliffe Park regarding strayed pigeons and regulating the keeping of pigeons and the amendment of by-law 51-15”.

 

CITY OF VANIER

 

101.     (1)        Subject to subsection (2), By-law No. 30-00 of the old Corporation of the City of Vanier entitled “Being a By-law for regulating and identifying animals and for prohibiting the keeping of animals or any class thereof”, as amended, is repealed.

 

(2)        The following provisions of the said By-law No. 30-00 shall remain in full force and effect until January 1, 2004:

(a)        Section 1, paragraphs (b), (f), (g) and (i),

(b)        Section 2,

(c)        Section 6,

(d)        Sections 16 to 19 inclusive,

(e)        Sections 26 to 28 inclusive, and

(f)         Item 1(b) of Schedule “A” entitled “Cat Registration”.

 

(3)        The following provisions of the said By-law No. 30-00 referred to in subsection (2) are amended:

(a)        by striking out the expression “dog or” where it occurs in subsection 6(a),

(b)        by striking out the expression “or dog” where it occurs in subsection 6(b), and

(c)        by striking out the word “dog” where it occurs after the word “such” in subsection 6(b) and substituting therefor the word “cat”.

 

TOWNSHIP OF WEST CARLETON

 

102.     (1)        Subject to subsection (2), By-law No. 16 of 1999 of the old Corporation of the

Township of West Carleton entitled “Being a By-law to provide for the keeping, licensing and control of doges in the Township of West Carleton”, as amended, is repealed.

 

(2)        The following provisions of the said By-law No. 16 of 1999 shall remain in full force and effect:

(a)        subsections (b), (d), (g), (j), (k), (l) and (m),

(b)        Section 5,

(c)        Section 9 to 13 inclusive, and

(d)        the item “Kennel Licences” on Schedule “A” entitled “Licence Fees”.

 

103.                 By-law No. 496/83 of the old Corporation of the Township of West Carleton entitled “Being a By-law to prohibit the keeping of certain animals and fowl in the Township of West Carleton” is repealed.

 

EFFECTIVE DATE

 

104.     (1)        Subject to subsection (2), this by-law shall come into force on the 1st day of April

                        2003.

 

            (2)        Sections 53 to 63 inclusive shall come into force on January 1, 2004.

 

                  ENACTED AND PASSED this              day of          , 2003.

 

 

 

                                    CITY CLERK                        MAYOR

SCHEDULE “A”

 

PET REGISTRATION AND POUND REDEMPTION FEES

 

1.   DOG REGISTRATION FEES

 

      (a)        for each dog six months of age or older,

            which is sterilized and identified with a microchip…………………………….No fee

 

      (b)        for each dog under six months of age,

                  which is identified with a microchip……………………………………………No fee

 

      (c)        for each dog six months of age or older,

                  which is sterilized but, not identified with a microchip…………………………$10

 

      (d)        for each dog under six months of age,

                  which is not identified with a microchip ……………………………………….$10

 

      (e)        for each dog six months of age or older,

                  which is identified with a microchip but, not sterilized…………………………$10

 

      (f)       for each dog six months of age or older,

                 which is neither sterilized nor identified with a microchip………………………$20

 

      (g)       for each service dog………………… …………………………………………No fee

 

      (h)      for each replacement of a lost identification tag …………………………….…No fee

 

 

2.   CAT REGISTRATION FEES

 

      (a)        for each cat six months of age or older,

                  which is sterilized and identified with a microchip….…………………………..No fee

 

      (b)       for each cat under six months of age,

                 which is identified with a microchip……………………………………………..No fee

 

      (c)       for each cat six months of age or older,

                 which is sterilized but, not identified with a microchip…………..…………………$10

 

     (d)        for each cat under six months of age,

                 which is not identified with a microchip…………………………………………….$10

 

      (e)      for each cat six months of age or older,

which is identified with a microchip but, not sterilized……………………………..$10

 

     (f)         for each cat six months of age or older,

                 whichis neither sterilized nor identified with a microchip………..…………………$20

 

    (g)        for each service cat.……………………………………………………………….No fee

 

    (h)        for each replacement of a lost identification tag……..…………………………...No fee

 

   

 

3.         POUND REDEMPTION FEES

 

 (a)           for each dog redeemed, per day for each day,

                or part thereof, to be calculated from the first day of impoundment………..……….$35

 

(b)          for each cat redeemed, per day for each day,

               or part thereof, to be calculated from the first day of impoundment…………………$35

 

SCHEDULE “B”

PROHIBITED ANIMALS

 

1.                     All protected or endangered animals being all animals, native or non-native, whose possession or sale is prohibited because they are designated as protected or endangered pursuant to an international, federal, or provincial law, regulation, rule or agreement, unless the animal has been obtained in accordance with international, federal or provincial law, as applicable, and if the animal is not identified in this Schedule.

 

2.                     All dogs, other than domesticated dogs (Canis familiaris) including but not limited to: wolf, fox, coyote, hyaena, dingo, jackal, raccoon dog, bush dog, and any hybrid offspring of a wild dog and domesticate dog.

 

3.                     All cats other than domesticated cats (Felis catus) including but not limited to: lion, tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar, bobcat, lynx, serval, and any hybrid offspring of a wild cat and domesticated cat.

 

4.                     All bears, including polar, grizzly, brown and black bear.

 

5.                     All fur bearing animals of the family Mustelidae including, but not limited to weasel, marten, mink, badger, ermine, skunk, otter, pole cat, wolverine, except the domestic ferret (Putorius furo).

 

6.                     All Procyonidae, including raccoon, kinkajou, cacomistle, cat-bear, panda and coatimundi.

 

7.                     All carnivorous mammals of the family Viverridae including, but not limited to, civet, mongoose, and genet.

 

8.                     All bats (Chiroptera).

 

9.                     All non-human primates, including, but not limited to, monkey, ape, chimpanzee, gorilla and lemur.

 

10.                   All squirrels (Sciuridae).

 

11.                   Reptiles (Reptilia)

                        (a)        all Helodermatidae (gila monster and Mexican bearded lizard);

                        (b)        all front-fanged venomous snakes, even if devenomized, including, but not limited to,

                        (i)         all Viperidae (viper, pit viper),

                        (ii)        all Elapidae (cobra, mamba, krait, coral snake),

                        (iii)       all Atractaspididae (African burrowing asp),

                        (iv)       all Hydrophiidae (sea snake), and

                        (v)        all Laticaudidae (sea krait).

                        (c)        all venomous, mid- or rear-fanged, Duvernoy-glanded members of the family Colubridae, even if de-venomized,

                        (d)        any member or hybrid offspring of the family Boidae, including but, not limited to the common or green anaconda and yellow anaconda, save and except members of the family Boidae reaching an adult length of no greater than two (2) meters,

                        (e)        any member of the family Pythonidae, including but, not limited to the African rock python, the Indian or Burmese python, the Amethystine or scrub python, save and except members of the family Pythonidae reaching an adult length of no greater than two (2) meters,

                        (f)         any member of the family Varanidae, including but, not limited to the white throated monitor, the Bosc’s or African savannah monitor, the water monitor, the Komodo monitor or dragon, the Bornean earless monitor, the Nile monitor, the crocodile monitor, save and except members of the family Varanidae reaching an adult length of no greater than one (1) meter,

                        (g)        any member of the family Iguanidae, including the green or common iguana,

                        (h)        any member of the family Teiidae, including but not limited to the golden, common or black and white tegu,

                        (i)         all members of the family Chelydridae, including snapping turtle and alligator snapping turtle,

                        (j)         all members of the order Crocodylia, including, but not limited to alligator, caiman and crocodile,

                        (k)        all other snakes that reach an adult length larger than three meters, and

                        (l)         all other lizards that reach an adult length larger than two meters.

 

12.                   Birds (Aves)

                        (a)        all predatory or large birds, including but not limited to Eagle, Hawk, Falcon, Owl, Vulture and Condor.

 

13.                   Arachnida and Chilopoda

                        (a)        all venomous spiders including, but not limited to tarantula, black widow and solifugid, scorpion, save and except the exception of the following species of tarantula:  Chilean Rose (Grammostola rosea), Mexican Red-Knee (Brachypelma smithi), Pink-Toed (Avicularia avicularia), and

                        (b)        all venomous arthropods including, but not limited to centipede.

 

14.                   All large rodents (Rodentia), including, but not limited to gopher, muskrat, paca, groundhog, marmot, beaver, prairie dog, viscacha, and porcupine.

 

15.                   All even-toed ungulates (Artiodactyla) other than domestic sheep, including but not limited to antelope, giraffe and hippopotamus.

 

16.                   All odd-toed ungulates (Perissodactyla) other than domesticated horses (Equus caballus), including but not limited to zebra, rhinoceros and tapir.

 

17.                   All marsupials, including but not limited to, Tasmanian devil, bandicoot, kangaroo, wallaby, opossum, wombat, koala bear, cuscus, numbat and pigmy, sugar and greater glider.

 

18.                   Sea mammals (Cetacea, Pinnipedia and Sirenia), including but not limited to, dolphin, whale, seal, sea lion and walrus.

 

19.                   All elephants (Proboscides).

 

20.                   All hyrax (Hyracoidea).

 

21.                   All pangolin (Pholidota).

 

22.                   All sloth and armadillo (Edentala).

 

23.                   All insectivorous mammals (Insectivora), including aardvark (Tubulidentata), anteater, shrew, otter shrew, mole and hedge hog.

 

24.                   Gliding lemur (Dermoptera).

 

25.                   All other venomous or poisonous animals.

SCHEDULE “C”

LIVESTOCK POUNDS

 

 

1.   Leo’s Livestock Exchange Ltd.

      R.R. #3

      Greely, Ontario

 

 

 

2.   W.A. Spratt & Sons Ltd.

      4690 Albion Road

      Gloucester, Ontario

 

 

 

3.   Galetta Livestock Sales

      3340 Galetta Side Road

      Galetta, Ontario