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Home My WebLink AboutCD-20-93 REPORT #2 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: COUNCIL File # Date: OCTOBER 12, 1993 Res. # By-Law# Report CD-20-93 File #: Subject: BY-LAW REGULATING THE KEEPING OF CERTAIN ANIMALS WITHIN THE MUNICIPALITY Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report CD-20-93 be received; 2 . THAT the proposed by-law to regulate the keeping of certain animals within the municipality and to repeal By-law 91-52 be forwarded to Council for approval; and 3. THAT all interested parties be advised of Council's decision. BACKGROUND AND COMMENT: Correspondence was received from the Municipal Solicitor (Attachment #1) regarding the current Exotic Animal Control By-law 91-52 . The Solicitor recommended that By-law 91-52 be repealed and replaced with the by-law which is included as Attachment #2 . It is, therefore, recommended that By-law 91-52 be repealed and the proposed by-law be enacted to replace it. Staff have contacted all interested parties and made a copy of the proposed by-law available in order to allow them the opportunity to appear before Council as a delegation. Staff further recommends that all interested parties be advised of Council's decision. Respectfu_lly submitted Pfitti 6wrfie, A.M.C.T. T Cler- PLB/LC/ms Attachments 3� + $y= Shible y Ri hton g / .Barristers & Solicitors RICHARD E,8H18L1iY 09, RUPERT N,IualrroN,O.C. HAROLD H,ELLJarr.Q.0 DENNIS C.Ht+sMON DENNIS C.HEFPE 4 DONALD K.ROBINSON,O.C. RICHARD E.ANKA,Q.C, RECEMON:(416)3ffi-MI HARRY&WORTZMAN,Q.C. I.FZSLIE 8,MASON DI3Z WINDI$CHMANN JOHN►.HELL MICHAEL I4fU2ATRICK,D,C, OBOROA CORN EXTENSION 461 PMM H.SMITH V.ROSS MORRISON UNDA S.BOHNEN ALAN L,HROM&TRIN JOHN C,6PEARN MICHAEL C.H18I.0Y FAX:(416)363-5339 PETER C.WILLIAMS PAUL E.McINNIS PETER 0.NEILSON CLIITORD 11 001.13 JONATHAN H.FLANDERS 0HARLFS SIMCO THOMAS A,S'WANIK HARRARA RC,DOHERTY WILLIAM L.NORTHCOTH JAMES ROSSITER HOLDER M.TRAVASSO3 PITTRR V,RAYTEK J.JAY RUDOLPH CYN7111A J,UUNN MAII'IiN 1,HENDERSON BOX 31-401 RAY STREET NICHOLAS T.MACOS WARREN S,RAPOPORT RICHARD R COLES CANADA ,TORONTO CA MARTIN PETERS AI.EXANDBR P.TORGOV CHARLES M.CASTLE PHILIP P.HEAL.LY SHEILA M.M%0 9NNON CHARLES ON.k'w M TO CA J.PAUL R HOWARD WAbg D.JAMIF.40N LEONARD D.RODNESS SANDRA O.bAWE LINDA J,oODRI. JANIS E.INURAM *CHRISTINE M.SILVBRSIDSS SALVATORE Q.P,FRISINA THOMAS McRAB JAMES W.HUSSIN KAREN I.McMASTER CRAIG A,LJ3WLs JULIA A.MACIURA JENNIFER L•PERRY SUrm 1800 MiCIiAEL CORDON(14tH.1497) THE SIMPSON TOWER COUNSEL MARTIN L.O'BRIEN,Q,C, HARRY D.LIPSON,Q.0 September 29, 1993 File No. 9000170 �x Tax Mrs. Patti Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario UC 3AG Dear Mrs, Barrie: Re: By-Law No, 91.52 I have reviewed the provisions of By-law No. 91-52, In my opinion,'for technical reasons, the Bylaw should be amended. I enclose herewith a draft By-law to replace By-law No. 91-52. I recommend that Council enact the replacement Bylaw. Yours very truly, SHIRLEY RIGHTON DI-1 b � g Dennis ilefferon Encl. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 93- being a By-Law Prohibiting and Regulating the Keeping of Certain Animals Within the Municipality and to Repeal By-Law 91-52 WHEREAS: a) Paragraphs 1 to 4 inclusive of Section 210 of the Municipal Act, R.S.O. 1990 C.M.45 permit councils of local municipalities to prohibit or regulate the keeping of animals or any class thereof within the Municipality or defined areas thereof; b) Paragraph 7 of Section 236 of the Municipal Act, R.S.O. 1990 c. M.45 permits councils of local municipalities having a population of less than 100,000 to prohibit or regulate menageries, circus-riding and other like shows exhibited by showmen; and c) It is desirable for the protection of the public and in the public interest that the keeping of certain animals be prohibited or regulated within the geographic limits of the Municipality. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. No person shall keep. any animal of any class set out in Schedule "A" attached to and forming part of this By-law anywhere within the geographic limits of the Municipality except within the areas more particularly described in Schedule "C" attached to and forming part of this By-law. 2. No person shall keep any arthropod of any venomous classes of arachnid, chilopoda or diplopoda anywhere within the geographic limits of the Municipality except within the areas more particularly described in Schedule "C" hereto. 3. No person shall keep a menagerie anywhere within the geographic limits of the Municipality except within the areas more particularly described in Schedule "C" hereto. 4. Notwithstanding Section 1 of this By-law it shall be lawful: a) to keep any number of animals of any class set out in Schedule "B" attached to and forming part of this By-law upon a farm; b) to keep any number of pigeons within the geographic limits of the Municipality; and c) for handicapped persons to keep a monkey within the geographic limits of the Municipality to assist in their day to day living. 5. Notwithstanding Section 3 of this By-law it shall be lawful to hold exhibitions of circus-riding on any lot within the geographic limits of the Municipality on which such use is permitted by By-law 84-63 as amended by the Municipality as the same may be amended or replaced from time to time. Page 2 6. Without derogating from Sections 1 and 4 of this By-law, no person shall keep more than three (3) animals of any one class of animal on any lot except that more than three (3) animals of any one class may be kept on any lot if such additional animals are less than twelve (12) weeks old. 7. Without derogating from any other by-law of the Municipality, no person shall permit any animal other than a dog to run at large or to trespass within the geographical limits of the Municipality of Clarington. 8. Without derogating from any other by-law of the Municipality, any animal other than a dog found at large or trespassing may be impounded by an animal control officer or by any person who shall deliver such animal to an animal control officer or to a poundkeeper. 9. If any animal impounded pursuant to the provisions of this by-law is not claimed by its owner within a reasonable time and the expenses of the poundkeeper for the care and feeding of such animal are not paid, then the poundkeeper may sell such animal and apply the proceeds of sale to the payment of the poundkeeper's expenses. 10. Any person who contravenes any provision of this by-law is guilty of an offence. 11. a) The following words and terms used in this By-law and the Schedules forming a part of this By-law shall have the following meanings: i) 'animal' includes birds and reptiles; ii) 'animal control officer' means a person appointed as such by by-law enacted by the Council of the Municipality; iii) 'at large' includes the circumstances in which an animal is found in any place other than on lands owned or lawfully occupied by its owner and when not under the physical control or restraint of any person; iv) 'farm' means land, buildings or structures located within the geographic limits of the Municipality which is designated "Agricultural (A) " by By-law 84-63 as amended of the Municipality as the same may be amended or replaced from time to time used for one or more of the following purposes; production of forage crops, grain and feed crops, oil and seed crops, vegetables and row crops, dairy animals and dairy products, nurseries, floral and greenhouse products, poultry and poultry products, mushrooms, horse and ponies, tobacco forestry, market gardening and retail stands for the sale of agricultural products produced on the farm. V) 'lot' has the same meaning as the term has in By-law 84-63 of the Municipality as the same may be amended or replaced from time to time; Page 3 vi) 'Municipality' means the Corporation of the Municipality of Clarington; vii) 'owner' includes a person who keeps, or harbours an animal; and viii) 'poundkeeper' means the person or agency appointed as such by By-law enacted by the Council of the Municipality. b) 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. C) Should any part of this By-law be declared by a court of competent jurisdiction to be invalid in whole or in part, the validity of the other provisions of the by-law shall not be affected thereby, the intent of the Council of the Municipality in enacting this By-law being that each provision of this By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. 12. By-law 91-52 is hereby repealed. By-law read a first and second time this 12th day of October, 1993. By-law read a third time this 12th, day of October, 1993. Mayor Clerk SCHEDULE "A" TO BY-LAW 93- 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. Anseriforms ducks, geese, swans Artiodactyls camels, cattle, goats, pigs, sheep Bats Canids, except the common dog foxes,jackals,wolves Cetaceans dolphins,porpoises, whales Crocodillians alligators, crocodiles Edentates anteaters, armadillos, sloths Elephants Feuds, except the common cat cougars, leopards, lions, lynxes,panthers Galliforms chickens,grouse,pheasants, turkeys Hyaenids aardwolves, hyenas Marsupials bandicoots, kangaroos, opossums, wombats Mustelids badgers, chinchillas,martens, minks, otters, polecats skunks,weasels, ferrets Perissodactyls ass, horse,mule, tapirs, zebras Pinnepeds sea lions, seals, walruses Non-human Primates baboons, gorillas, monkeys, orangutans Procyonids coatis, raccoons Raptors eagles, hawks,vultures Ratites cassawaries, emus, kiwis, ostriches, rheas Sirenians dugongs,manatees Snakes of the Family Boidae boas, pythons Ursids bears Venomous Reptiles venomous lizards,venomous snakes Viverrids civets, genets,mongooses SCHEDULE 'B" TO BY-LAW 93- 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. Anatids ducks,swan Anserins goose Domestic goat,sheep,pig,cattle,deer Gallus Domesticus chicken,pheasant,turkey Mustelids,except domestic ferrits including chincilla and mink Horse,mule,ass Ratites cassawaries,emus,kiwis,ostriches,rheas I I SCHEDULE "C" TO BY-LAW 93 - Bowmanville Veterinary Clinic 2826 King St E Bowmanville Con, 1 pt. lot 7 former Tp. of Darlington Bowmanville Zoo Ltd. 340 King St. E Bowmanville Con. 1 pt, lot 8 former Tp, of Darlington Courtice Pet Clinic 1500 Highway No. 2 Courtice Plan 10M 766 Blk 75 Durham Veterinary Clinic 110 King St. E Bowmanville Plan 1OR 758 part 4, 5 East Oshawa Animal Hospital 1 Townline Rd. N Courtice Plan 713 RCP lot 36 Orono Exotic Cat World 3667 Concession Rd. 6 Orono Con. 5 pt, lot 25 former Tp. of Clarke I