HomeMy WebLinkAboutCLD-019-12 Clarington REPORT
MUNICIPAL CLERK'S
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 28, 2012 Resolution#: - � °-/ By-law#: cZ/;2'OW
Report#: CLD-019-12 File#:
Subject: EXOTIC PET BY-LAW AMENDMENTS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-019-12 be received; and
2. THAT the Exotic Pet By-law 93-161 be amended to:
a) regulate the keeping of pigeons including requirements pertaining to
enclosures, banding, owner membership with a recognized pigeon
organization, containment of the pigeons, and limiting the number of pigeons
permitted within non-agriculturally zoned lands based on a maximum of 10
pigeons per 1.0 square metre of loft space;
b) to provide for temporary permits for prohibited animals to be exempt from the
provisions of the Exotic Pet By-law provided that all permit requirements are
met to the satisfaction of the Municipal Clerk, or designate;
c) amend Schedule A to permit the keeping of certain classes of animals;
3. THAT the draft by-law attached to Report CLD-019-12 be approved by Council;
and
4. THAT all interested parties be advised of Council's decision.
Submitted by: Reviewed by:
jat i. B rie ranklin Wu,
I Clerk Chief Administrative Officer
PLB/CAG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-019-12 PAGE 2
1. BACKGROUND
At the meeting of June 20, 2011, Council approved the following resolution:
"THAT Staff be requested to prepare a report regarding allowing exotic animals
to enter the Municipality for educational purposes."
Since the passing of the above-cited resolution, Council has also referred
correspondence regarding the keeping of pigeons and babydoll sheep to staff as
well as delegation comments concerning the keeping of pigs and ferrets in urban
areas.
Clarington's Exotic Pet By-law 93-161 was enacted on October 12, 1993 and has
only been amended once since its enactment, to address the changes to the Dog
Owners'Liability Act requirements regarding restricted breeds.
2. EXOTICS WITHIN CLARINGTON
2.1 Background
Since 1993 staff have received the occasional complaint regarding what is and what
is not permitted within Clarington. Most often the complaints received suggest that
our by-law is too restrictive and complainants believe that the type of animal which
they are suggesting should be permitted as they are "gentle", "won't affect anyone
else", "harmless", "allowed in other municipalities", or "my pet". In fact, however,
many of the animals at issue are not gentle, will and can affect the health and safety
of the residents of our community, may or may not be permitted in other
municipalities, and as reported by the SPCA are often not cared for properly and in
many cases the animal ends up abandoned. Most of the exotic animals require very
specific environmental controls and feedback from industry experts indicate that
sadly, the lay person becomes bored with their pet, or becomes overwhelmed with
the burden of keeping the pet, which results in either the pet not being kept properly
or a need to surrender. A challenge certainly at this point is finding proper housing
for the animal. Our role is to ensure that we provide a regulatory framework which
will address the needs of the community as a whole.
In researching the issue of exotics in Clarington, staff contacted several field experts
including the Clarington Agricultural Advisory Committee, Durham Region Humane
Society, a swine specialist with the Ministry of Agriculture, an amphibian and reptile
specialist, and area pigeon racing clubs. Several other municipalities were also
contacted to seek best practices.
While much has changed in Clarington over the past 20 years, our community
remains a vibrant blend of three major urban centres connected and surrounded by
rural areas. This geographic landscape offers our residents a variety of housing
choices, unique from other municipalities within Durham Region.
REPORT NO.: CLD-019-12 PAGE 3
2.2 Keeping of Pigeons
Under the existing by-law there are no restrictions on the keeping of pigeons within
the Municipality of Clarington.
Occasionally staff have received complaints regarding pigeons within the
community. Generally the complaints involve the pigeons perching and defecating
on property other than the owner's.
All municipalities within Durham Region, with the exception of Clarington, allow
pigeons but not unconditionally. Generally speaking, the conditions placed on the
pigeon owner require that:
• Pigeons can only be outside for daily flight
• Pigeons must eat within their enclosure (eg. coop, loft, etc.)
• The enclosure must be kept in good repair
• The enclosure is maintained in a sanitary state with pigeon droppings being
regularly disposed
• Pigeons must be banded
• The owner must be an active member in good standing of a recognized
pigeon club
Staff met with representatives of the local pigeon clubs to better understand the
pigeon needs and the activities relative to pigeon racing and sought their feedback
on the draft proposed standards for the keeping of pigeons. Staff is recommending
that the by-law be amended to regulate the keeping of pigeons to incorporate those
conditions stated above as well as requirements pertaining to owner membership
with a recognized pigeon organization; containment of the pigeons; and limiting the
number of pigeons permitted within non-agriculturally zoned lands based on a
maximum of 10 pigeons per 1.0 square metre of loft space. All local organizations
have confirmed they are in support of the proposed draft changes.
2.3 Livestock Within Residential Areas
Clarington's current Exotic Pet By-law permits the keeping of livestock animals only
on agriculturally zoned land where the size of land is at least five acres. Within
Durham Region, pot-bellied pigs are also not permitted in urban areas in Oshawa,
Ajax, and Whitby. No municipalities in Durham Region permit the keeping of sheep
in urban areas.
Recently staff have received one request to keep "baby doll sheep" and two
requests to keep pot-bellied pigs or "miniature/tea cup" pigs within the residential
areas within Clarington.
The keeping of livestock, specifically sheep and pigs, within the urban areas of
Clarington was discussed with the Clarington Agricultural Advisory Committee
(CAAC). While the Committee did not pass a resolution regarding pigs in urban
REPORT NO.: CLD-019-12 PAGE 4
areas, as they believed this to be outside of their mandate, there was a general
consensus that the keeping of sheep would be most inappropriate as they are
companion animals and need to be a part of a flock, require a significant amount of
care, require space for grazing, and would be imposing on neighbours. The
Committee, however, in considering pigs in the urban area, felt that generally
speaking they are quiet and clean animals that would not be imposing on neighbours
and could potentially make a good pet.
While the swine expert with the Ministry of Natural Resources and other resources
agreed with the comments of the CAAC, they did raise other issues to be considered
including breed control, size, safety, security, and herding instincts.
(a) Breed Standards & Size — Unlike with dogs where the size and characteristics
are standardized by breed, there are no breed standards for pot-bellied pigs or
miniature/tea cup pigs, which creates one of the most significant issues.
Unsuspecting people acquire their "pet" pig thinking it will remain small. This is
often not the case. According to the swine expert, the pigs tend to grow to the
extent of their nutritional ability. In other countries, where food is not readily
available to these types of animals, the pigs stay small, perhaps 15-25 lbs. In
Canada, however, where food and nutrition is readily available, the pigs grow
much bigger and can exceed 900 lbs.
(b) Care and Safety — Pigs require a different type of care than traditional pets, and
as such, resources to assist in caring for the pig may not be as readily available.
For example, a dog owner has several options for care should the owner be
away on vacation. The pig owner may find it difficult to find an option for care for
the pig.
(c) Herding Instincts — Pigs are by nature, a very social herding animal and
therefore stresses can trigger their strong defensive instincts. To quote the
swine expert, the pig will "defend its turf to the death". While this may sound
rather dramatic, coupled with the significant size of the adult pigs, a stressed pig
could pose a safety threat.
A swine specialist vet was also contacted, and he confirmed that pigs would not
pose any zoonotic (ie. infectious disease) threat to the community if kept in an urban
setting.
In addition to contacting the industry experts and other area municipalities, staff
reviewed and contemplated the significant amount of information received by the
Brunelle/Willoughby family; who are promoting the keeping of pigs within the urban
areas of Clarington.
Clarington Animal Services currently provides services to our community including
enforcement of animal related by-laws, sheltering of strays, adoptions, and public
education. These services deal primarily with domestic animals (ie dogs and cats),
REPORT NO.: CLD-019-12 PAGE 5
but may also provide advice and recommendations pertaining to wildlife and exotic
animals. In reviewing with our Animal Services Officers the possibility of permitting
sheep and/or pigs to be kept within the urban areas of our community, in addition to
the concerns discussed earlier in this report, Officers raised concerns that if pigs are
permitted it is a reasonable expectation that requests for other livestock will soon
follow and create further challenges in assessing suitability, property size, impact on
neighbours, and safety for the community and the animals. Our current level of
training and expertise does not include livestock, and to permit livestock within the
urban areas would either necessitate additional training, accommodations to be
acquired/built to house and keep stray livestock, or would increase the level of
service currently handled by our appointed Poundkeeper.
In fact, recently in Clarington our Poundkeeper was called in to capture a stray pot-
bellied pig. "Kingston" as he was fondly named, was captured, housed and
auctioned in accordance with the Pounds Act. He was purchased by an animal
sanctuary outside of Clarington. The cost for the Poundkeeper's services totaled in
excess of $800.
We can make a pet of any animal. Pigs and sheep are livestock. Clarington offers a
variety of housing options for its residents including low, medium and high density as
well as agricultural properties. While pot-bellied or miniature/teacup pigs are
considered clean, relatively quiet and require very little exercise, they can and often
exceed their size and weight expectations which can pose a safety threat to their
owners and the community and which can make them less desirable as a pet.
Sheep are animals that thrive on socializing in a flock and require considerable
maintenance. For these reasons, it is recommended that the request to amend the
Exotic Pet By-law to permit the keeping of pigs and sheep in urban areas be denied.
2.4 Prohibited Exotic Animals
Schedule A of the current Exotic Pet By-law details the prohibited animals in
Clarington. The schedule could be rather confusing for the lay person, and as such
has been reorganized and simplified in the proposed by-law. The types of animals
being kept as pets is becoming more and more unusual. In recent years the keeping
of exotic pets in some jurisdictions has created significant issues for the residents as
well as enforcement units. Fortunately Clarington has not encountered many issues
concerning exotic pets and staff believes that the current by-law provisions are for
the most part appropriate for Clarington.
That said, staff reviewed the lists of prohibited animals from all municipalities within
Durham Region and several municipalities within Ontario beyond Durham Region
(including Ottawa, Kawartha Lakes, Peterborough, Toronto, Cobourg and Port
Hope) and compared them to Clarington's list. Our review of the prohibited list of
animals contemplated these new pet trends while ensuring the safety and well-being
of our residents and the animals. Although the layout and format of the list may vary
REPORT NO.: CLD-019-12 PAGE 6
significantly from municipality to municipality, there were very few differences in the
types of animals prohibited.
To ensure our by-law remains current, there are three areas that have been
identified where updates to Clarington's list of prohibited animals would be
appropriate.
a) The keeping of ferrets
Our findings concluded that the keeping of ferrets would not pose any threat to the
community and would have little to no impact on neighbours as the animals are
typically housed indoors. Municipalities who permit ferrets confirmed they have had
no reportable issues with ferrets in the community. Degus and chinchillas are
members of the same Class and Order of animals as the ferret and research
indicates that those municipalities permitting ferrets also permit degus and
chinchillas. As such, staff are recommending that ferrets, degus and chinchillas be
permitted to be kept within the Municipality of Clarington.
b) The keeping of venomous vertebrates
Our current by-law prohibits the keeping of venomous invertebrates (animal species
that do not develop a vertebral column — eg. scorpions) but is silent on the keeping
of venomous vertebrates (animal species that develop a vertebral column — eg.
Some fish and shrews). To be consistent and to ensure the safety and well-being of
the community, staff are recommending that venomous vertebrates be included in
the list of prohibited animals.
c) The keeping of constricting snakes
Our current by-law prohibits the keeping of venomous snakes and all snakes of the
Family Boidae (commonly referred to as a Boa). The by-law is silent, however, on
other constricting snakes outside of the Family Boidae. The intent of these
prohibitions, as stated throughout this report, is to ensure the safety and well-being
of the community, and therefore staff are recommending that the prohibition extend
to all constricting snakes greater than two metres in length.
3. TEMPORARY EXEMPTION PERMITS FOR EDUCATIONAL PURPOSES
The current Exotic Pet By-law does not provide for any temporary exemptions. The
Cities of Pickering and Ottawa provide for temporary exemptions for the purposes of
education as well as other short-term entertainment events.
Staff is recommending that the by-law be amended to provide for a permit process
for persons who are not otherwise permitted to keep or bring exotic animals into
Clarington, and who wish to carry on an Exotic Animal Entertainment Event within
Clarington. An Exotic Animal Entertainment Event is defined in the draft by-law to
REPORT NO.: CLD-019-12 PAGE 7
mean any exhibit, public show, circus or carnival or educational event using live
exotic animals as well as any film or television production. An example of a person
who would be required to apply for a permit includes an exhibit at an event in
Clarington conducted by a zoo located outside of Clarington.
The intent of the permit process is to ensure the safety and well-being of our
community and the animals used in the event. This will be done through an
application and approval process. Part of the application will require the applicant to
detail the date, time and location of the event, all the animals (and their particulars)
used in the event, a description of their housing, cleaning and general care, and
safety and emergency measures for containment and first aid. Additionally, the
application will be required to provide proof of insurance, proof of inspection by an
inspector appointed under the Ontario Society for the Prevention of Cruelty to
Animals Act, written confirmation from Fire and Emergency Services and the
Regional Health Department, and an application fee. The recommended application
fee of $50 will cover administrative costs for processing the application and any
necessary inspections.
4. CONCURRENCE — This report has been reviewed by Andy Allison, Municipal
Solicitor who concurs with the recommendations.
5. CONCLUSION
It is in the interest of public safety and the welfare of the animals to regulate the
keeping of exotic and non-domestic animals within Clarington. Clarington is a
vibrant, caring community providing a varied geographic landscape. Comments and
submissions from residents concerning the various elements of the by-law have
been considered and incorporated into the draft by-law where it has been deemed in
the best interest of our community as a whole. For the reasons expressed
throughout this report, staff respectfully recommend that the Exotic Pet By-law be
amended as follows: to restrict the number of pigeons permitted within non-
agriculturally zoned lands; to provide for temporary permits for Exotic Animal
Entertainment Events; to amend the list of prohibited animals to permit ferrets,
degus, and chinchillas, and to prohibit venomous verterbrates and non-venemous
constricting snakes.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Anne Greentree, Deputy Clerk
Attachment:
Attachment 1 — Draft amending by-law
REPORT NO.: CLD-019-12 PAGE 8
Interested Parties:
A. Allison, Municipal Solicitor
D. Crome, Director, Planning Services
G. Weir, Director, Emergency and Fire Services
Durham Region Health Department
Durham Region Humane Society
Dan Horner, Oshawa Racing Pigeon Club
Keith Woolner, Bowmanville Inv. Racing Pigeon Club
Bill Hyder, Clarington Inv. Racing Pigeon Club
Shannon Foote
Kim McDonald
Jaime Neeb
Libby Racansky
Carolyn Willoughby
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 12-xxx
Being a by-law prohibiting and regulating the keeping of
certain animals within the Municipality of Clarington
WHEREAS subsection 11(3) of the Municipal Act, 2001 authorizes the Municipality to
pass by-laws respecting animals; and
WHEREAS subsection 8(3) of the Municipal Act, 2001 authorizes the Municipality to
provide for a system of licences respecting animals; and
WHEREAS section 103 of the Municipal Act, 2001 permits the seizure and impounding
of animals being at large or trespassing contrary to the by-law and for the sale of such
animals; and
WHEREAS the Municipality wishes to ensure the safety, health and well-being of its
residents by prohibiting the keeping of certain animals and regulating how certain other
animals can be kept.
NOW THEREFORE the Municipality enacts as follows:
PART I - INTERPRETATION
Definitions
1. In this by-law, including its recitals,
"Agricultural Zone" means land designated `Agricultural (A)' in a Zoning By-law;
"Animal" means any member of the animal kingdom other than a dog or cat as
defined in the Municipality's Responsible Pet Owners By-Law No. 2006-227;
"Animal Services Officer" means a Municipal Law Enforcement Officer appointed
by Council to enforce this by-law;
"at large", in relation to an Animal, means an Animal found on any property other
than the Animal Owner's property (unless prior consent is given by the person
owning the property) that is not under the physical control of a person;
"Council" means the Council of the Municipality;
"keep" means to temporarily or permanently harbour, have custody of, maintain,
possess or store;
Exotic Animal By-Law 11 P e g e
"Livestock" means those Animals listed in Schedule "B";
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25;
"Municipal Clerk" means the Clerk of the Municipality or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
"Owner" means a person who keeps an Animal and, where such person is under
the age of 18, the person responsible for the custody of such person;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and their heirs, executors, or legal
representatives.
"Prohibited Animal" means an Animal in a Class or Category identified in
Schedule "A" other than any exceptions listed in Schedule "A"; and
"Zoning By-law" means a by-law passed by the Municipality pursuant to section
34 of the Planning Act, R.S.O. 1990, c. PA 3 and includes Zoning By-law 84-63
and Oak Ridges Moraine Zoning By-law 2005-109.
References
2. Reference to any Act, regulation or By-law is reference to such Act, regulation or
By-law as it is amended or re-enacted from time to time.
3. References to Parts, sections, subsections and Schedules are references to
Parts, sections, subsections and Schedules of this by-law.
Word Usage
4. This by-law shall be read with all changes in gender or number as the context
may require.
5. A grammatical variation of a word or expression defined has a corresponding
meaning.
Schedules
6. The following Schedules are attached to and form part of this by-law:
Schedule "A" — Prohibited Animals
Schedule "B" — Livestock
Schedule "C" — Impound Fee Schedule
Exotic Animal By-Law 2 1 P a g e
Schedule "D" — Exotic Animal Entertainment Event Permit Requirements
Severability
7. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
Conflict
8. Nothing in this by-law is intended to derogate from any of the powers of the
Ministry of Natural Resources to regulate wildlife under the Fish and Wildlife
Conservation Act, 1997, S.O. 1997, c.41 or the powers of a poundkeeper under
the Pounds Act, R.S.O. 1990, c. P.17.
9. If a provision of this by-law conflicts with a provision of any applicable Act,
regulation or by-law, the provision that establishes the higher or more restrictive
standard to protect the health, safety and welfare of the general public shall
prevail.
PART II — PROHIBITIONS
General
10. No person shall keep a Prohibited Animal in the Municipality.
11. No person shall keep Livestock on land that is not in an Agricultural Zone.
12. (1) In this section,
"dwelling unit" means one or more habitable rooms designed or intended
to be used together as a single and separate housekeeping unit by one or
more persons containing its own kitchen and sanitary facilities with a
private entrance from outside the unit itself, and includes any land
associated with such unit; and
"Exempt Animal" means an Animal listed as an Exception in Schedule "A"
other than Pigeons.
(2) No person shall keep more than three Exempt Animals that are greater
than 12 weeks old within any single dwelling unit.
13. No Owner shall allow their Animal to be at large in the Municipality.
Exotic Animal By-Law 3 1 P a g e
Exceptions
14. Sections 10, 11 and 12 shall not apply to,
(a) a Municipal animal shelter;
(b) the premises of an affiliate or branch of the Ontario Society for the
Prevention of Cruelty to Animals;
(c) the premises of an accredited veterinary hospital under the care of a
licensed veterinarian;
(d) the premises of the Bowmanville Zoo;
(e) premises accredited by the Canadian Association of Zoos and Aquariums;
or
(f) persons keeping an Animal under the authority of the Fish and Wildlife
Conservation Act, 1997, S.O. 1997, c.41 or the Canadian Wildlife Service.
Control of Animals
15. Any person may take possession of an Animal found at large and shall forthwith
deliver the Animal to an Animal Services Officer.
16. An Animal Services Officer may seize and impound,
(a) any Animal found at large or delivered to the Municipality by a person who
found the Animal at large;
(b) any Prohibited Animal; or
(c) any Livestock on land that is not in an Agricultural Zone.
17. (1) In this section, "Redemption Period" means 5 days from the day that an
Animal is impounded (not including the day of impounding or any day that
the Clarington Animal Shelter is closed).
(2) When an Animal has been impounded by an Animal Services Officer, such
Animal shall remain impounded for the duration of the Redemption Period.
(3) If any impounded Animal is not claimed on or before the last day of the
Redemption Period, the Animal Services Officer may, at that Officer's
discretion and subject to the Animals for Research Act, R.S.O. 1990, c.
A.22, destroy or sell the Animal.
Exotic Animal By-Law 4 ( P a g e
18. Nothing in this by-law shall prevent an Animal Services Officer from destroying
an Animal that is suffering illness or injury and, in the Animal Services Officer's
opinion, will not humanely sustain life.
19. Where the Animal Services Officer deems it necessary to euthanize an Animal
pursuant to section 18, the Officer shall first make every reasonable attempt in
the circumstances to contact its Owner.
20. The Municipality shall keep a record of all Animals seized and impounded
pursuant to this by-law.
21. An Animal Services Officer may restore possession of an impounded Animal to a
person claiming to be the Owner of the Animal only where such person,
(a) demonstrates that the place in which they intend to keep the Animal is
within an area of the Municipality where the keeping of the Animal is
permitted; and
(b) pays to the Municipality the impound and daily care fees set out in
Schedule "C" together with any other costs incurred by the Municipality for
the housing and caring for the Animal, including the cost of any of
veterinary care that the Animal Services Officer deemed necessary.
Minimum Animal Care Requirements
22. Every Owner who keeps an Animal in the Municipality shall provide the Animal,
or cause it to be provided, with adequate and appropriate care, food, water,
shelter, exercise, attention and veterinary care as is required to meet the need of
the species.
PART III - PIGEONS
Definitions
23. In this Part,
(a) "Pigeon Owner" means a person who owns and keeps Pigeons;
(b) "Pigeon Enclosure" means an accessory building, as defined under the
applicable Zoning By-law, that is used for keeping Pigeons; and
(c) "Pigeon" means any member of the of the Columba genus, commonly
referred to as racing pigeons, fancy pigeons and sporting pigeons.
Exotic Animal By-Law 5 1 P a g e
Pigeon Organization Affiliation
24. Every Pigeon Owner shall,
(a) be a member of a recognized pigeon organization which is affiliated with a
national pigeon organization;
(b) band their Pigeons with a metal or plastic leg band; and
(c) register their Pigeon band numbers with an organization described in
clause (a).
25. Section 24 does not apply if the Pigeon Owner keeps fewer than 20 Pigeons.
26. Every Pigeon Owner who owns fewer than 20 Pigeons shall band their Pigeons
with either a seamed or seamless band to identify the Pigeons as being owned.
Enclosure Requirements
27. Every Pigeon Owner shall keep their Pigeons in a Pigeon Enclosure that,
(a) provides for a minimum of 1.0 square metre of loft space for every 10
Pigeons; and
(b) complies with all requirements set out in the applicable Zoning By-law
including size, height and setbacks.
28. Every Pigeon Owner shall,
(a) maintain the Pigeon Enclosure in a state of good repair through regular
painting or permanent siding;
(b) maintain all equipment associated with the keeping of Pigeons under
cover;
(c) lime wash, paint or disinfect the inside walls and ceilings of all Pigeon
Enclosures;
(d) remove and dispose of in a sanitary manner on a regular basis, at least
twice each week, in a manner that will not create a public nuisance or
health hazard, all Pigeon droppings and refuse within or adjacent to all
Pigeon Enclosures and runs; and
(e) store all Pigeon feed in rodent-proof containers.
Exotic Animal By-Law 6 1 p a g e
Containment
29. Pigeon Owners shall take all reasonable steps to ensure their Pigeons do not
stray, perch, roost, nest or rest upon any premises other than on premises of the
Pigeon Owner.
30. Pigeon Owners shall keep their Pigeons contained in a Pigeon Enclosure except
when they are liberated in a controlled fashion using a one-way trap for re-entry
into a Pigeon Enclosure.
31. No Pigeon Owner shall feed the Pigeons outside of their Pigeon Enclosure.
32. No Pigeon Owner shall keep any Pigeon afflicted with an infectious or contagious
disease, unless under conditions approved by the Medical Officer of Health.
PART IV — EXOTIC ANIMALS
Definitions
33. In this Part,
"Exotic Animal" includes Prohibited Animals, Livestock and "wildlife" as that term
is defined in the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41;
"Exotic Animal Entertainment Event" means any exhibit, public show, circus,
carnival or other display or act of entertainment or education using any live Exotic
Animal and includes the use of any such animal in any film or television
production within the Municipality;
"Permit" means a permit issued by the Municipal Clerk for an Exotic Animal
Entertainment Event in accordance with this Part; and
"Permit Holder" means a person to whom a Permit has been issued and includes
such person's employees, directors and agents.
Permit Requirement
34. No person shall operate or carry on an Exotic Animal Entertainment Event
without a Permit.
35. A separate Permit shall be required for each location at which an Exotic Animal
Entertainment Event occurs.
Exotic Animal By-Law 7 1 P a g o
Permit Applications
36. Every Permit application shall,
(a) provide all of the information listed in Schedule "D";
(b) be accompanied by the fee prescribed for a Permit which is $50.00;
(c) provide written proof, satisfactory to the Municipal Clerk, that the applicant
is the owner of the property on which the Exotic Animal Entertainment
Event is to occur or written permission from the owner of the property; and
(d) include such other information as the Municipal Clerk may require to
properly assess the application.
Permit Approvals
37. The Municipal Clerk may approve or refuse any Permit application, and may
impose any conditions upon an approval as she determines to be appropriate.
38. A Permit shall be valid only for the date or dates, time or times, and location
identified in the Permit.
39. Unless specifically provided otherwise, every Permit shall be subject to the
following conditions:
(a) The Permit Holder shall indemnify and save harmless the Municipality
from any and all claims, demands, causes of action, losses, costs or
damages, including third party personal injury claims, that the Municipality
may suffer, incur or be liable for resulting from the issuance of the Permit
whether with or without negligence on the part of the Permit Holder.
(b) The Permit Holder shall only exhibit or use the number and type of Exotic
Animals listed in the application.
(c) The Permit Holder shall only exhibit or use Exotic Animals using protective
devices that are adequate to prevent the Exotic Animals from escaping or
injuring the public.
(d) The Permit Holder shall provide the Exotic Animals with a species-
appropriate living environment.
(e) The Permit Holder accepts full responsibility for any Exotic Animal that
escapes from custody and agrees to take the necessary action to contain
such Animal and to ensure public safety.
Exotic Animal By-Law 8 1 P a g e
(f) The Permit Holder shall ensure that all enclosures used to keep the Exotic
Animals are kept suitably illuminated and ventilated.
(g) The Permit Holder shall comply with all event plans included in the
application.
(h) Upon being so ordered by any emergency services personnel (police, fire
or health) or an Animal Services Officer, the Permit Holder shall
immediately terminate the Exotic Animal Entertainment Event,
40. A Permit Holder shall comply with all conditions of a Permit.
41. The Municipal Clerk shall refuse to issue a Permit where,
(a) the applicant is not at least 18 years of age;
(b) the applicant has not provided written proof of commercial general liability
insurance in an amount of not less than $5,000,000 with the municipality
as an additional insured, from an insurer licensed to provide insurance in
the Province of Ontario, covering the applicable time period of the permit;
(c) the Exotic Animals involved in the Exotic Animal Entertainment Event
have not been inspected by an inspector appointed under the Ontario
Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0.36;
or
(d) the Exotic Animals involved in the Exotic Animal Entertainment Event
have been inspected by an inspector appointed under the Ontario Society
for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0.36 and
such inspector has determined that the applicant is not in compliance with
such Act.
42. The Municipal Clerk shall not issue a Permit unless the Fire Department has
provided written confirmation that they have no objection to the issuance of the
Permit.
43. The Municipal Clerk may refuse to issue a Permit where,
(a) the application is submitted less than 28 days before the Exotic Animal
Entertainment Event is scheduled to occur; or
(b) the promoter of the Exotic Animal Entertainment Event is not a member of,
or accredited by, either the Canadian Association of Zoos and Aquaria, or
the American Zoo and Aquarium Association, or otherwise licensed by an
appropriate authority.
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Revocation of Permit
44. The Municipal Clerk may revoke a Permit if,
(a) the Permit was issued in error;
(b) any condition contained in the Permit is not being complied with; or
(c) the Permit was issued as the result of false, mistaken, incorrect or
misleading statements, information or undertakings in the application.
45. If a Permit is revoked, the application fee shall not be returned to the applicant.
Exceptions
46. A Permit shall not be required for,
(a) petting zoos, agricultural shows or exhibits, pet shows and other like
shows provided that the Animals used in the event are not Exotic Animals;
(b) public events involving Exotic Animals where the promoter of the event is
(i) the Owner of the Exotic Animals; and (ii) the owner of premises in the
Municipality that are exempt under clause (c), (d) or (e) of section 14; or
(c) public shows involving Exotic Animals that are under the care and control
of a person who is exempt under clause (f) of section 14.
Transfer
47. Permits are not transferable.
PART V - ENFORCEMENT
Inspections
48. An Animal Services Officer may, at any reasonable time, enter upon any property
for the purpose of carrying out an inspection to determine whether or not the
provisions of this by-law have been complied with.
49. No person shall prevent, hinder, or interfere or attempt to prevent, hinder, or
interfere with an inspection undertaken by an Animal Services Officer.
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Offences and Penalties
50. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act, R.S.O. 1990, c. P.33.
PART VI - GENERAL
Short Title
51. The short title of this by-law shall be the "Exotic Animal By-Law".
Repeal
52. By-law No. 93-161 is repealed.
Effective Date
53. This by-law shall be effective on the date that it is passed.
By-law passed this day of June, 2012.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
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Schedule "A"
PROHIBITED ANIMALS
CLASS RESTRICTED EXCEPTIONS'
Mammalia ALL Dogs and cats as defined in the
(Mammals) Municipality's Responsible Pet Owners
By-law No. 2006-227
Domestic hamsters, mice, rabbits, rats,
degus, gerbils, ferrets, chinchillas and
guinea pigs.
REPTILIA ALL non-venomous constrictor serpents,
(REPTILES) other than a member of the Boidae,
that are less than two (2) metres in
length.
Non-venomous lizards that are less than
two (2) meters in length from snout to tip
of tail.
AMPHIBIA ALL Non-venomous Anura (frogs and toads)
(AMPHIBIANS) and Caudate (salamanders and newts).
AVES ALL Orders of birds kept as household pets
(BIRDS) including Passeriformes (perching birds
and song birds), and Psittaciformes
(parrots).
Pigeons as defined in section 23.
INSECTA ALL All non-venomous insects including non-
(INSECTS) venomous Arachnida (spiders) and
Chilopoda (centipedes)
CATEGORY RESTRICTED � EXCEPTIONS
SALT AND FRESH ALL VENEMOUS None
WATER ORGANISIMS VERTEBRATES AND
INVERTEBRATES
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Schedule "B"
LIVESTOCK
Set out in this Schedule are some of the names of animals included in the Order of
animals referred to. The common names are provided for illustration purposes only and
are not intended to limit the extent of the Order.
Class: MAMMALIA (MAMMALS)
ORDER: Artiodact la: Even-toed hoofed Animals
Suidae All Pigs, Warthog
Camelidae Llama, AI acas
Bovidae Sheep, Goat, Bison, Cattle
ORDER: Carnivora: Carnivorous land Mammals
Mustelidae I Mink, Fisher, Marten
ORDER: Perissidac la Odd-toed hoofed Animals
E uidae Horse, Ass, Mule
Class: AVES (BIRDS)
ORDER: Paleo nathae or Ratites
Struthoformes Ostriches
Rheiformes Rheas
Casuariformes Cassowaries, Emus
Apterygiformes Kiwis
Anseriformes Ducks, g eese, swans, screamers
Galliformes chickens, partridge, pheasants, grouse,
uineafowIs, turkeys
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Schedule "C"
IMPOUND FEE SCHEDULE
Impound Fee $50.00
Daily Care Fee $15.00/day
(Every impounded Animal is subject to a
charge for every day or part of a day after
the day the Animal is impounded
Third-party Daily Care Fee At cost as charged by the third-party
(Where a Prohibited Animal is impounded
and a third party is contracted to care for
the Animal, the third-party care fee shall
be charged for every day or part of a day
the Animal is cared for by the third party)
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Schedule "D"
EXOTIC ANIMAL ENTERTAINMENT EVENT PERMIT REQUIREMENTS
Information to be included in an Exotic Animal Entertainment Event Permit Application:
1. Date(s) of the Exotic Animal Entertainment Event provided that, where the event
occurs on more than one date, the dates are consecutive and do not exceed 3
days
2. Location of the Event
3. Name, address and phone number of the applicant
4. Name, address and phone number of the registered owner of the premises, and
written permission of the owner if different than the applicant
5. Times of commencement and termination of the Event
6. Expected attendance at the Event
7. An inventory of the Exotic Animals which will be used in the Event including, for
each Exotic Animal, the following information:
(a) species;
(b) description;
(c) age;
(d) gender;
(e) name;
(f) weight in kilograms; and
(g) a description of the performance or act in which the Exotic Animal is
involved.
8. Event Plans including,
(a) the location and particulars of the premises where the Event is taking
place;
(b) a description of the housing, cleaning procedures and general care of the
exotic animals involved, which is appropriate to the species involved;
(c) f the distance between the Exotic Animal acts and the spectators and
crowd control measures;
(d) First aid logistics and medical equipment availability; and
(e) Protocol for controlling and containing any Exotic Animal.
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