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HomeMy WebLinkAbout91-52 ..t ~ ~"A ~ ",,"" 'J ~pUl)e..d ''SX 8Y-LAW .:l.~.;..~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91-52 A By-law Regarding the Regulating and Keeping of Animals Within the Town of Newcastle WHEREAS The Municipal Act, R.S.O. 1980, CHAPTER 302, Section 210 sub-sections 1-4, provides a Municipal eouncil with the authority to prohibit and regulate the keeping of animals of any class thereof and the number of animals or any class thereof that may be kept on or about any property within the municipality; AND WHEREAS it. is desirable that, in the public interest, the keeping of exotic and non-domestic animals be prohibited and regulated within the limits of the Town of Newcastle; NOW THEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows: 1. No person, being an owner, occupant or tenant of a dwelling shall, knowingly or unknowingly, within the Town, keep, own, harbour or have the temporary or permanent control of an animal of a class as set out in SchedUle "A" and forming part of this By-law; 2. In addition to Section 1, no person shall, knowingly or unknowingly, keep, own, harbour or have the temporary or permanent control of an animal of a class set out in Schedule "B" and forming part of this By-law, save and except for animals kept on farms as defmed in the Zoning By-law; 3. For the purposes of this By-law, the defmition of "animal" shall be extended to include birds and reptiles as specified in the Schedules and in all cases shall not apply to animals under the age of twelve weeks; 4. Except where specified in any other By-law, no person shall keep more than three animals of anyone class or type on any residentially zoned property. For the purpose of this paragraph, pigeon is exempted; 5. No person shall knowingly or unknowingly allow an animal to run at large or trespass within the limits of the Town; 6. For the purposes of this By-law, an animal shall be deemed to be running at large or trespassing when found in any place within the Town other than the premises of the keeper of the animal, and not under the physical control of any person; 7. The provisions of this By-law shall not apply to: (i) any area lawfully used as a zoo pursuant to the provisions of the Town of Newcastle Zoning By-law (ii) any area used for a travelling show such as a circus or other like exhibitions (ill) property used by a person practicing veterinary science pursuant to the provisions of The Veterinarian's Act, R.S.O. 1980, Chapter 522, as amended (iv) any licensed area operating under the authority of any provincial legislation which allows the keeping of said animals (v) any lawfully operated commercial establishment engaging in the selling of animals (vi) pigeons anywhere within the municipality 8. In this By-law, unless the context stipulates otherwise, words importing the singular shall include the plural and words importing the masculine gender shall include the feminine; 9. Any person who contravenes any provision of this By-law is guilty of an offence and is liable, on conviction, to a fme of not more than the maximum amount allowable, exclusive of costs, as provided for under the provisions of The Provincial Offences Act; .. -J- \___,_,1 " - 2 - 10. By-law 11-54 of the former Township of Darlington and its amendments and By-law 72-13 of the former Village of Newcastle and its amendments are hereby repealed; 11. This By-law shall come into force and effect on the date of its final passing, save and except that those persons who are in contravention of this By-law shall be allowed a period of six months from the date of passing of this By-law to comply with the provisions herein; 12. Should any part of this By-law be declared by a court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By-law shall not be affected thereby, the intent of Council being that each provision of the By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. By-law read a fIrst time this 15tHlayof April 1991 By-law read a second time this 15 day of April 1991 ..- .:. ,"" . . , . SCHEDULE A TO BY-LAW 91-52 eLASS OF ANIMAL All Artiodactylus Ungulates, except domestic goats, sheep, pigs, and cattle All Arthopods of all classes of Arachnid, Chilopoda and Diplopoda All Canids, except Canis Domesticus (common dog) All Chiropterae All erocodylidae All Edentates All Elephants All Felids, except Felis catus (common cat) All Hyaenidae All Marsupialia All Mustelidae All Perissodactyl Ungulates, except domestic horse and ass All Pinnipediae All non-human primata, except monkeys kept by physically handicapped persons to assist in their day to day living All Procyonidae All Raptors, dirunal and nocturnal, except in those areas as approved by the Ministry of Natural Resources for the rehabilitation of the animals All Ratitae, except osterich All Ursidae All Venomous Reptilia All Serpentes of the families Pythonidae and Boidae All Viverridae eOMMON NAMES Set out in this column are ~ of the names of animals included in the classes of animals referred to in this schedule. The common names are provided for illustration purposes only and are not intended to limit the extent of the classes of animals referred to. camel scorpion, venomous spider/centipede wolf, jackal, fox bats alligator, crocodile anteater, armadillo, sloth elephants leopard, cougar, lion, lynx, panther hyena bandicoot, wombat, kangaroo, opossum skunk, otter, badger, polecat, marten, weasel, ferret (Note: for the purposes of this Schedule, mustelidae does not include mink or chinchilla tapir, zebra seal, walrus gorilla, baboon, monkey, orangutan coati, raccoon eagle, hawk, owl, vulture rhea, cassowary bear venomous snake, venomous lizard boa, python civet, mongoose !.' ,,>'. , .\, : \"\ ' . . SCHEDULE B TO BY-LAW 91-52 CLASS OF ANIMAL All Anatidea All Anserinae All Artiodactyl Ungulates All Columbidae All Gallus Domesticus All Mustelidae All Perissodactyl Ungulates All Ratitae COMMON NAMES Set out in this column are ~ of the names included in the classes of animals referred to in this schedule. The common names are provided for illustration purposes only and are not intended to limit the extent of the classes of animals referred to. duck, swan goose including domestic goat, sheep, pig, cattle, deer pigeon chicken, pheasant, turkey including chinchilla and mink including horse, mule, ass osterich