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HomeMy WebLinkAboutPD-83-91 UNFINISHED BUSINESS THE CORPORATION OF THE TOWN OF NEWCASTLE DN: GPA-BYL. 1 REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, April 8, 1991 Res, # 0/ By-Law Report#:_P.D_,8_3__94_ File #: -P1, _--15-_2_4 Subject: BY-LAW REGULATING THE KEEPING OF ANIMALS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-83 -91 be received. 2 . THAT the attached By-law Regulating the Keeping of Animals be approved and a notice be placed in the local newspapers to advise the residents . PURPOSE: 1 . 1 The purpose of this report is to introduce a by-law to regulate the keeping of animals, including exotic and non-domestic animals within the Town of Newcastle. 2 . 0 RATIONALE FOR THE BY-LAW 2 . 1 Currently, the only By-laws that regulate the keeping of exotic and non-domestic animals are By-law No. 1154 of the former Township of Darlington, passed in November 1949 and By-law 72-13 of the former Village of Newcastle, passed in August 1972 . Said By-laws are outdated and unenforceable. 2 .2 In the interest of public safety and the welfare of the animals involved, it is imperative that a by-law be passed to regulate the keeping of exotic and non-domestic animals . 2 . 3 There have been several complaints in the past, and until a by-law is in place to allow enforcement, little can be done at this time. REPORT NO. : PD-83-91 PAGE 2 3 . 0 SUMMARY OF PROPOSED BY-LAW 3 . 1 The proposed by-law contains two schedules . Schedule "A" refers to those classes of animals generally considered as wildlife, and Schedule "B" covers farm animals . 3 . 2 All animals listed in Schedule "A" will be prohibited throughout the entire Town except in zoos, veterinary clinics and travelling exhibitions such as a circus . 3 . 3 In view of health, odour and property standards concerns, all classes of animals listed on Schedule "B" will be prohibited in the residential zones and permitted only on farms as defined in the Zoning By-law. 3 . 4 A grace period of six months will be provided to allow for compliance. This will provide sufficient time for those persons who are in contravention to the By-law to comply. 3 .5 The By-law shall not extend to include dogs and dog kennels which are covered under separate By-laws . 3 . 6 A limit of three pets of any one class in the residential zones will be established in order to resolve the problem of persons keeping large numbers of any one class of animal, thus creating noise and odour problems for their surrounding neighbours . An age limit of twelve weeks has been established to allow sufficient time to wean any newborn litters . It is noted that rabbits and domestic cats are covered under this provision. 4 . 0 COMMENTS 4 . 1 Staff have carried out substantial research work prior to the drafting of the By-law. Municipalities that have similar By-laws were consulted. In addition, assistance from staff at the Metropolitan Toronto Zoo was sought. C, qQ 47 . . .3 REPORT NO. : PD-83-91 PAGE 3 4 . 2 Once the By-law is approved, notice will be placed in local news- papers to advise the residents . 4 . 3 The By-law to Regulate the Keeping of Animals is long overdue and would eliminate a lot of problems and complaints related to this issue. Respectfully submitted Recommended for presentation to the Committee P Franklin Wu, M.C. I .P. Lawrenc . Kotseff, M.C. I .P. Director of Planning Chief inistrative Officer and Development LC*FW*mh 12 March 1991 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- 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 Council 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 anunals 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 defined in the Zoning By-law; 3. For the purposes of this By-law, the definition 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 any one class or type on any residentially zoned property. For the purpose of this paragraph, pigeon is exempted provided the person raising or keeping pigeons is a inember of a Pigeon Racing Club; 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: G) 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 (iii) 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 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 fine of not more than the maximum amount allowable, exclusive of costs, as provided for under the provisions of The Provincial Offences Act; 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. liy-!nw read n first tbIle this day of By-law read a second time this day of By-law read a third time and finally passed this day of MAYOR CLERK SCBEDULE A TO BY-LAW 91 CLASS OF ANIMAL COMMON NAMES Set out in this column are some 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. All Artiodactylus Ungulates, except domestic goats, deer,camel sheep, pigs, and cattle All Arthopods of all classes of Arachnid, scorpion, venomous Chilopoda and Diplopoda spider/centipede All Canids, except Canis Domesticus (common dog) wolf,jackal, fox All Chiropterae bats All Crocodylidae alligator, crocodile All Edentates anteater,armadillo, sloth All Elephants elephants All Felids, except Felis catus (common cat) leopard, cougar, lion, lynx, panther All Hyaenidae hyena All Marsupialia bandicoot, wombat, kangaroo, opossum All Mustelidae skunk, otter,badger,polecat, marten, weasel, ferret(Note; for the purposes of this Schedule, mustelidae does not include mink or chinchilla All Perissodactyl Ungulates, except domestic horse and ass tapir, zebra All Pinnipediae seal, walrus All non-human primata, except monkeys kept by gorilla, baboon, monkey, physically handicapped persons to assist in their day to day living orangutan All Procyonidae coati, raccoon All Raptors, dirunal and nocturnal, except in those eagle, hawk, owl, vulture areas as approved by the Ministry of Natural Resources for the rehabilitation of the animals All Ratitae, except osterich rhea, cassowary All Ursidae bear All Venomous Reptilia venomous snake,venomous lizard All Serpentes of the families Pythonidae and Boidae boa, python All Viverridae civet, mongoose SOBEDULE B TO BY-LAW 91 CLASS OF ANIMAL COMMON NAMES Set out in this column are some 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 tho clnssos of roilnuds referred to. All Anatidea duck, swan All Anserinae goose All Artiodactyl Ungulates including domestic goat, sheep, pig, cattle, deer All Columbidae pigeon All Gallus Domesticus chicken, pheasant, turkey All Mustelldae including chinchilla and mink All Perissodactyl Ungulates including horse, mule, ass All Ratitae osterich