CORPORATION OF THE
BY-LAW NO. _______
Being a By-law to Prohibit
the Keeping of Certain Animals within
the Township of Machar
WHEREAS the Municipal
Act, S.O. 2001, c. 25, Section 11(1), Subsection 7, permits municipalities to
pass by-laws respecting matters within the jurisdiction of animals;
AND WHEREAS the
Township of Machar deems it desirable, for the protection of the public and in
the public and in the public interest to pass a by-law to prohibit the keeping
of exotic, wild and non-domestic animals within the limits of the Municipality
of the Township of Machar;
NOW THEREFORE the
Council of the Corporation of the
Definitions:
1) For the purposes of this by-law, Municipal
By-Law Enforcement Officer shall include Municipal By-Law Enforcement Officers,
Police and Animal Control Officers.
Prohibitions:
2) Except as provided in Section 3 of this
by-law, the keeping or harbouring of any animal as listed in Schedule “A” to
this By-law is prohibited anywhere in the Municipality.
Exemptions:
3) It is permissible to keep any animal of the
kind listed in Schedule “A” to the by-law in the following places or
circumstances:
a) A
farmer carrying out a farm operation involving the following alternative
livestock
animals: llamas, alpacas, emus, ostrich,
rheas, mink, chinchilla,
jerboa
and rabbits where such use is permitted by the Township of Machar Zoning By-Law and
providing that the animals are kept in a secure,
humane
and escape-proof cage, tank or enclosure.
4) Applications for exemptions from this by-law
may also be received by Council.
5) Applications for temporary exemptions may be
received by Council from but not limited to travelling circuses, film projects,
person delivering educations programs, school and group presentations.
6) Each Application for exemption will be
reviewed on an individual basis. Council
may consult with experts and may either refuse the application, grant an
exemption or grant a conditional exemption.
Businesses:
7) Unless exempt under section 3 of this by-law,
no person who operates a business within the Township of Machar shall possess,
keep, sell or otherwise make available any animals listed in Schedule “A” of
this by-law.
Right of Entry
8) A Municipal By-Law Enforcement Officer may
enter onto the property, at any reasonable time, for the purpose of determining
whether any prohibited animals are being kept on the premises.
Issue of and Compliance with Notice
9) A Municipal By-Law Enforcement Officer may
issue a notice of removal with respect to any prohibited animal found on the
premises, setting out a time and date by which such animal shall be removed
from the premises.
10) An Owner or Lessee
shall comply with such notice within the stated time.
Seizure or Surrender:
11) A Municipal By-Law
Enforcement Officer may take into its possession any animal listed in Schedule
“A” that may be seized or surrendered to him by the owner.
12) The Pound Keeper
shall keep an animal(s) listed in Schedule “A” pending the outcome of a court
case and appeal period. The animal(s) in
question shall be disposed of in compliance with the Court decision.
13) Animals
surrendered to the Pound Keeper or Municipal By-Law Enforcement Officer become
the property of the Township of Machar and may be kept, adopted out to a lawful
recipient or humanely destroyed by the Township of Machar.
14) The Pound Keeper
or his agent is authorized to collect the pound fees from the owner. The fees shall be the amount paid to the
Pound Keeper plus 10%.
15) Every person who
contravenes any provision of the by-law is guilty of an offence and shall be
subject to a penalty in accordance with the Provincial Offences Act.
16) Every person who
is guilty of an offence under this by-law may, if permitted under the
Provincial Offences Act, pay a set fine, and the Chief Judge of the Ontario
Court, Provincial Division, shall be requested to establish a set fine, to be
set out in Schedule “B”
which shall be attached to this by-law.
Severability and Conflict
17) If any provision
or part of a provision of this by-law is declared by any court or tribunal of
competent jurisdiction to be illegal or inoperative, in whole or in part, or
inoperative in particular circumstances, the balance of the by-law, or its
application in other circumstances, shall not be affected and shall continue to
be in full force and effect.
Effective Date
18) This by-law shall
come into force and take effect upon the final passing thereof.
Amnesty Period
19) An amnesty period
for current owners will be in effect for two months commencing immediately upon
this by-law being passed. This will
allow current owners of prohibited animals to find alternative and lawful accommodations
for the animals.
READ a first, second
and third time and finally passed this _____ day of ________ 2013.
……………………………………………….
Per
Mayor Doug Maeck
……………………………………………….
Per
Clerk Administrator Brenda Paul, AMCT
Schedule “A” to By-law No. ________
A By-law to Prohibit
the Keeping of Certain Animals within the Township of Machar
Class of Animal Common
Name – Examples
All
Animals on the list of Convention on International
Trade
and Endangered Species (CITES #1 Endangered
Species
List)
All
Venomous Arachnids tarantulas
All
Venomous Arthropods scorpion
All
Artiodactyl Ungulates (except domestic camel,
antelope, llamas, giraffes
Hippopotamus,
goats, sheep, pig, cattle)
All
Canidae (other than common dog) wolf,
jackal, fox, coyote or hybrids
All
Chiropterae bat
All
Crocodylidae alligator,
crocodile
All
Endentates anteater,
armadillo, sloth
All
Felids (other than common cat) leopard,
lion, tiger, lynx, panther,
puma,
cheetah, jaguar, bobcat,
ocelot or hybrids
All
Herpestidae mongoose
All
Hyanenidae hyena
All
Insectivora (except hedgehog) shrews,
moles
All
Marsupialia bandicoot,
kangaroo, opossum,
wombat, koala, Tasmanian devil
All
Mephitidae skunk
All
Mustelidae (except domestic ferrets) marten,
polecat, weasel, otters
badgers, mink, fisher, wolverine
All
Perissodactyl Ungulates (except domestic tapir,
zebra, rhinoceroses
horse,
donkey, mule or jackass
All
Pinnipediae seal,
walrus, sea lion
All
Non Human Primates ape,
lemur, monkey gorilla
All
Proboscidea elephant
All
Procyonidae coati,
raccoon, ringtails
All
Raptors eagle,
hawk, owl, culture, falcons
All
Ratites cassowary,
ostrich, emus, rheas
All
Ursidae bear
All
Venomous Reptilia venomous
snake, lizard
All
Serpentes of the families Pythonidae and Boidae python,
boa, anaconda
All
Viverridae civet
*Note: The common names referred to in the right hand column
are some of the names of animals
included in the classes of animals referred to in the left hand column of this
schedule. The common name are provided
for information purposes only and are not intended to limit the extent of the
classes of animals referred to.
Permissible Animals
Include: domesticated dogs, cats,
goats, sheep, pig, cattle, horses, mules, donkey, jackass, ferrets, guinea
pigs, hamsters, mice rats, degu, chinchilla, jerboa, hedgehogs, rabbits
Schedule
“B” to By-Law No. ________
A By-law to Prohibit
the Keeping of Certain Animals within the Township of Machar
Item Column 1 Column
2 Column
3
Proposed Short Form Wording Provision Creating Offence Set Fine
1 Keeping
prohibited animal S.1 $450.00
on
premises (per animal)
2 Failing
to comply with S.4 $450.00
Notice to remove
(per
animal)