Being a By-law to regulate or prohibit the keeping of animals, birds or reptiles in the Township of Blandford-Blenheim.

WHEREAS Section 210.1 of the Municipal Act, R.S.O. 1990, Chapter M.45 provides the authority to Council to pass by-laws for prohibiting or regulating the keeping of animals or any class thereof within the municipality or defined areas thereof and for restricting, within the municipality or defined areas thereof, the number of animals or any class thereof that may be kept by any person, or that may be kept in or about any dwelling unit or class of dwelling unit as defined in the by-law.

AND WHEREAS Section 5.4 of the General Provisions section of the Township Zoning By-law #1360-2002, provides for the control of animals, birds and reptiles in any zone except an agricultural zone by way of an Animal Control By-law passed under the authority of Section 210 of the Municipal Act.

AND WHEREAS Council deems it necessary and expedient to pass such a by-law;

NOW THEREFORE the Council of the Corporation of the Township of Blandford-Blenheim enacts as follows:

1. Animal - means any live non-human vertebrate or invertebrate, including a bird or reptile, weaned from its mother, and without limiting the generality of the foregoing, includes a domestic animal, an animal raised for commercial purposes, an animal kept as a working animal, a pet or for hobby purposes such as breeding, showing, or sporting fowl, an exotic animal, livestock, pigeons, reptiles and wild animals.

2. Council - means the Council of the Corporation of the Township of Blandford-Blenheim.

3. Domestic Bird - means all varieties and species of domestic and tame birds except birds typically associated with an agricultural operation.

4. Lot - means a parcel of tract of land which is held under separate ownership from adjacent lands according to the registration thereof in the Registry Office of Land Titles Office, with the exception of mobile home lots within a mobile home park, such mobile home lots shall be deemed a separate lot for the purposes of this by-law and individual units in an apartment building which shall be deemed a separate lot.

5. Owner - means any person who keeps or harbours an animal, and for the purpose of this definition, “owns" and “owned" shall have a corresponding meaning and shall include a person who is temporarily the keeper or in control of the animal.

6. Person - means any individual, firm, incorporated or unincorporated group or organization, business entity or club to who the context can apply in accordance with the Interpretation Act.

7. Township - means the Corporation of the Township of Blandford-Blenheim.
   General Provisions

8. No person shall within the areas zoned as Residential (RR, RE, R1, R2, R3, RMH), Village (V), Central Commercial (CC, HC, SC), Industrial (MR, MG, ME), Development (D), Institutional (I), or Recreational (REC) or a Special Provision Category to any of the aforementioned zones in the Township Zoning By-law #1360-2002, as amended, keep any animal except those permitted in accordance with the following schedule:
   1. Dogs - 2 per lot
   2. Cats - 2 per lot
   3. Rabbits - 2 per lot
   4. Hamsters, gerbils, guinea pigs, tame mice - exempt if totally confined and for hobby purposes only and not sale purposes
   5. Domestic Birds - exempt if totally confined and for hobby purposes only and not sale purposes
   6. Non-venomous reptiles and amphibians - exempt if totally confined and for hobby purposes only and not sale purposes

9. No person shall keep, harbour or cause to be kept within any area of the Township, any animal of the kind listed in Schedule "A" forming part of this by-law, for sale, for exhibition, as a pet or for any other purpose.

10. Every cage, tank, pen, loft or other such structure of enclosure used for the housing of animals shall:
    1. not be constructed of any unsightly material;
    2. be of sound construction and totally enclosed;
    3. be kept within the rear yard nearest to the main building or structure;
    4. be constructed with a wooden or metal floor, with a clearance from the ground of at least thirty centimeters (twelve inches) or on a concrete pad.

11. Every cage, tank, pen, loft or other such structure or enclosure used for the housing of animals shall be maintained so that:
    1. such enclosure may be readily sanitized;
    2. such enclosure is kept in a clean condition; and
    3. such enclosure minimizes, as nearly as practicable, offensive odours.

12. Every coop, pen or shelter used to house pigeons shall not be closer than 60 metres (196.8 ft.) to any school, church or public hall or closer than 40 metres (131.2 ft.) to a neighbouring dwelling house if occupied by persons other than the owner or tenant.

13. No dog shall be kept confined or tied within 10 metres (32.8 ft.) of a dwelling house other than that of the owner of the dog.

14. No person shall permit any animal to run at large or trespass on public property or the property of others and such animals found so running shall be liable to impoundment and otherwise being dealt with or disposed of under the provisions of The Pounds Act and any amendments thereto.

15. Every person who keeps an animal in the Township shall provide the animal or cause it to be provided with such food, water, exercise, attention and veterinary care as may be required from time to time to keep the animal in good health.

16. If an animal is customarily kept out-of-doors, the person having the custody or control of the animal shall at all times provide for its use a structurally sound, weather-proof, insulated enclosure with off-the-ground flooring, which enclosure shall be located not less than 1.2 metres (3.9 ft.) from the property line.

17. Every person who has the custody or control of an unsprayed female animal shall, during each period that the animal is in heat, keep it confined so that it will not attract other animals.
    Exemptions

18. The provisions of this by-law shall not apply to the employees of a municipal or other governmental authority lawfully operating a public park, exhibition or zoological garden, and maintaining animals therein.

19. The provisions of this by-law shall not apply to an animal control contractor or lawfully operating Society shelter.

20. The provisions of this by-law shall not apply to an animal hospital or clinic which is lawfully operated and supervised by a veterinarian licensed by the Ontario Veterinary Association.

21. With the exception of Section 11, Prohibited Animals, the provisions of this by-law shall not apply to a legally operating pet store.

22. The provisions of this by-law shall not apply to premises registered as research facilities under the Animals for Research Act, or the persons in charge or the employees thereof, during the course of their duties.

23. The provisions of this by-law shall not apply to any person licensed or exempted as an operator or an animal supply facility in accordance with the Animals for Research Act, or the employees of such facility, during the course of their duties.

24. The provisions of this bylaw shall not apply to anyone holding a licence under any statute of the Province of Ontario or the Government of Canada, which permits the keeping of animals under stated condition.

25. The provisions of this bylaw shall not apply on the premises of any television studio where such animals are being kept temporarily for the purpose of a television production.

26. The provisions of this by-law shall not apply to any person while rendering emergency treatment to an injured or abandoned animal.

27. Sections 10 and 11 shall not prevent any person from keeping, harbouring or possessing any animal if such animal was lawfully being kept, harboured or possessed by the person on the day of the passing of the enabling by-law; but only for so long as the animal continues to be kept, harboured or possessed by the person.
    Penalties

28. Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty as provided in the Provincial Offences Act.

29. That all penalties imposed by a judicial officer are recoverable under the Provincial Offenses Act and together with such costs and expenses as are imposed thereunder.
    Other

30. The provisions of this by-law take full force and effect on the passage hereof.

31. By-law Number 488-83 enacted the 16th day of March, 1983, is hereby repealed.

32. This by-law may be cited as the “Animal Control By-law"

    By-law READ a FIRST and SECOND time this 6th day of February, 2002.

    By-law READ a THIRD time and ENACTED in Open Council this 6th day of February, 2002.
    
    
    
    

    Donald S. Woolcott, Mayor
    
    Keith Reibling, Clerk-Administrator

    
    
    
    
    
    Schedule A
    to By-law Number 1362-2002
    Animal Control By-law

    Animals Prohibited in the Township of Blandford-Blenheim

    1. All marsupials (such as kangaroos and opossums)
    2. All non-human primates (such as gorillas and monkeys)
    3. All felids, except the domestic cat
    4. All canids, except the domestic dog
    5. All viverrids (such as mongooses, civets and genets)
    6. All mustelids (such as skunks, weasels, otters, badgers), except the domestic ferret
    7. All ursides (bears)
    8. All artiodactylus ungulates, except domestic buffalo, deer, cattle, goats, pigs and sheep
    9. All procyonids (such as raccoons, coatis and cacomistles)
    10. All hyaenas
    11. All perissodactylus ungulates, except the domestic horse and ass
    12. All elephants
    13. All pinnipeds (such as seals, fur seals and walruses)
    14. All snakes of the families pythonidae and boidae
    15. All venomous reptiles and amphibians
    16. All diurnal and nocturnal raptors (such as eagles, hawks and owls)
    17. All edentates (such as anteaters, sloths and armadillos)
    18. All bats
    19. All crocodilians (such as alligators and crocodiles)
    20. All arachnids (such as tarantulas)