1998-064 To regulate and prohibit the keeping of certain animals
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98- 64
Being a By-law to regulate and prohibit the keeping of certain animals.
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WHEREAS Section 210, paragraph 1 of the Municipal Act, R.S.O. 1990, chapter MAS provides
that by-laws may be passed by the councils oflocal municipalities 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 Bill 51, An Act respecting the Restructuring of the County of Simcoe
received Royal Assent on December 14, 1993;
AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte deems it
necessary and expedient to regulate and prohibit the keeping of certain animals;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE ENACTS AS FOLLOWS:
1. Definitions for the purpose of this Bv-law:
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(a) "Agricultural" means pertaining to agriculture, farming.
(b) "Animals" includes livestock, and pigeons, birds, reptiles, and any wild animal
including a tamed or domesticated wild animal.
(c) "Council" means the elected Council of The Corporatiou of the Township ofOro-
Medonte.
(d) "Fur-bearing animal" means an animal designated by name as a fur-bearing animal in
the Fur Farms Act or declared to be a fur-bearing animal in the regulations made
thereunder.
(e) "Inspector" means a person assigned the responsibility of administering and enforcing
this By-law or its' Agents.
(f) "Livestock" means animals or poultry designated as livestock and includes cattle, fur-
bearing animals, goats, horses, rabbits, sheep, swine, fowl, ox.
(g) "Lot" shall mean a parcel or tract of land which is legally in distinct and separate
ownership or which is shown on a registered plan of subdivision. A registered plan of
subdivision for the purposes of this paragraph, does not include a plan which is
deemed uot to be a registered plan of subdivision by a by-law passed under the
Planning Act.
(h) "Municipality" means The Corporation ofthe Township ofOro-Medonte.
(i) "Owner" includes an assessed owner, tenant, occupant or any person having an
interest whether equitable or legal in the land.
G) "Person" means a natural person.
(k) "Police" means a police officer as defined by the Police Services Act.
(1) "Residential lot" shall mean a lot, all or part of which is within a Residential zone, or
a Residential lot in an Agricultural Zone, or a Residential lot in a rural Zone.
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2.
Zoning Regulations
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Refer to the Comprehensive Zoning By-law with respect to the keeping and raising of
livestock.
3.
Dog Control and Kennels
Refer to the By-law for the Control of Dogs with respeet to the Regulations for Control
and to the Kennel By-law with respect to Breeding and Boarding of Dogs.
4. Requirements for racing pigeons
4.1 No person shall keep or have any pigeons or racing pigeons subject to Subsection 4.2
and Section 4.3 of this By-law.
4.2 Persons may be pennitted to keep or have registered racing pigeons that were in
existence under a previous by-law of the fonner Township ofMedonte, the fonner
Township ofOrillia, the fonner Township ofFlos and the fonner Township ofVespra
and approved by the respective Municipality prior to the passing ofthis By-law,
subject to Subsection 4.4 (1) to Subsection 4.4 (11) inclusive.
4.3 Persons may be pennitted to keep or have registered racing pigeons, subject to
Subsection 404 (1) to Subsection 404 (11) inclusive.
404 Further to Subsection 4.2 and Subsection 4.3, the following conditions shall apply:
(1) The owner shall be a member of a pigeon racing club within the Canadian
Racing Pigeon Union.
(2) An owner must be a member in good standing of a pigeon racing club.
(3) Racing pigeons shall have a seamless identity band registered to each owner.
(4) Racing pigeons must always be under control and never pennitted to be a
nuisance. Flight times will be supervised
(5) The loft to be deemed an accessory building of standard construction, and will
require a building pennit pursuant to zoning regulations to erect the loft.
(6) The loft position should reasonably be set on the property with due regard to
distances from dwellings.
(7) The loft must be neat, attractive, painted inside and outside, and well
maintained hygienically.
(8) The owner shall restrict the number of pigeons in his possession to forty (40)
or fewer provided however that during the months of April to October, this
number may be increased to provide for the raising and racing of young
pigeons hatched that year.
(9) The racing pigeons shall be contained in the loft subject to Section 404(4)
herein.
(10) Food provided for racing pigeons shall be contained within the loft.
(11) The club to which an owner belongs may be notified about any complaints so
that steps may be taken to rectifY a legitimate problem. If the owner is in
conflict with the By-law provisions, failure to comply will deny him the
racing pigeon exemption.
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5.
Inspections
An 1nspector under this By-law:
(i) has the power to enter upon and examine any yards, vacant lots, grounds or buildings,
other than a dwelling, at any reasonable time or times; and
(ii) may be accompanied by such other person or persons as they deem necessary to
properly carry out their duties under this By-law.
6. Removal of animals
The By-law Enforcement Officer and/or its' Agents shall be authorized to seize any
animals of an owner who has contravened the provisions of this By-law and refuses to
remove the animals. Any costs or charges associated with the seizure of such animals
shall be charged against the owner of the animals.
7. Enforcement
This By-law shall be enforced by the BuildinglBy-Law Enforcement Department and/or
its' Agents.
8. Administration
The c.A.0. may engage such inspectors, officers or any other person duly authorized by
Council, as may be necessary to carry out the administrative functions of this By-law
including the enforcement thereof.
9. Penaltv
Every person who contravenes any of the provisions of this By-law is guilty of an offence
and subject to a penalty pursuant to the Provincial Offences Act, R.S.O. 1990, P.33.
10. Conflicting legislation
If this By-law conflicts with the provisions of any Act, other than the Municipal Act, the
provisions of that Act prevail to the extent of the conflict.
11.
Validitv and severability
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Should any section, sub-section, clause, paragraph or provision of this By-law be
declared by a court of competent jurisdiction to be invalid or unenforceable, the same
shall not affect the validity or enforceability of any other provisions of this By-law or of
the By-law as a whole.
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12.
Repeal Section
That By-law No. 1400 and By-law No. 1403 of the former Township ofMedonte and By-
law No. 1102 of the former Township ofOro are hereby repealed.
13. Force and effect
This By-law shall come into full force and effect upon the day of final passage thereof.
Read a first and second time thisl7t11lay of June
,1998.
Read a third time and finally passed this 17th day of June
,1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Ma~or:fun B~~:;' ^'. .
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Clerk, Lynda Aiken
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