HomeMy WebLinkAboutChapter 408 - Animals - Regulation GENERAL
Chapter408
ANIMALS - REGULATION
Article 1
INTERPRETATION
408.1.1 Animal - defined
408.1.2 Animal Designation Appeal Committee - defined
408.1.3 Cat - defined
408.1.4 City - defined
408.1.5 Council - defined
408.1.6 Exterior side lot line - defined
408.1.7 Exterior side yard - defined
408.1.8 Feed or Feeding - defined
408.1.9 Feeding device - Wild animal - defined
408.1.10 Food - Wild animal - defined
408.1.11 Fowl - defined
408.1.12 Harbour and Harbouring - defined
408.1.13 Hen(s) - defined
408.1.14 Interior side lot line - defined
408.1.15 Interior side yard - defined
408.1.16 Kitten - defined
408.1.17 Lot - defined
408.1.18 Order - defined
408.1.19 Owner- defined
408.1.20 Owner of hens - defined
408.1.21 Owner(s) of property on which hens are kept - defined
408.1.22 Poundkeeper- defined
408.1.23 Rear lot line - defined
408.1.24 Rear yard - defined
KITCHENER 408.1 DECEMBER 2016
ANIMALS - REGULATION
408.1.25 Wild Animal - defined
408.1.26 Zoning By-law - defined
Article 2
GENERAL PROVISIONS
408.2.1 Running at large - prohibited - owner responsibility
408.2.2 Running at large - conditions
408.2.3 Leash - length
408.2.4 Excrement - removal by owner - upon defecation
408.2.5 Attack - fighting - prohibited
408.2.6 Trespass by animal - prohibited
408.2.7 Slaughter house - location - restrictions
408.2.8 Permitted animals
408.2.9 Restricted animal
408.2.10 Prohibited animal
408.2.11 Prohibited animal - keeping - offence
408.2.12 Restricted animal - keeping requirements
408.2.13 Prohibited - restricted animal - exceptions
408.2.14 Animal Designation Appeal Committee - hearing
408.2.15 Request for hearing
408.2.16 Animal Designation Appeal Committee - decision
408.2.17 Hearing evidence
408.2.18 Entry - Inspection - right
Article 3
PIGEONS - RABBITS
408.3.1 Enclosure - requirements
408.3.2 Enclosure - existing - location - exemption
408.3.3 Enclosure - maintained sanitary - feed -waste storage
408.3.4 Pigeons - in City - prohibited - rabbits - limitation
408.3.5 Agricultural land - exemption
408.3.6 Permitted use - by Zoning By-law - exemption
KITCHENER 408.2 DECEMBER 2016
ANIMALS - REGULATION
408.3.7 Pigeon keeping - exemption - conditions
408.3.8 Infection - communicable disease - responsibility
408.3.9 Pigeon keeping - exemption revoked - permanent
Article 4
CATS
408.4.1 Harbouring - causing nuisance - prohibited
408.4.2 Keeping - conditions adverse to health - prohibited
408.4.3 Nuisance - order - issued - reduction of cats
408.4.4 Health concerns - order - issued - reduction of cats
408.4.5 Order - information - requirements
408.4.6 Order - appeal - deadline
408.4.7 Appeal - hearing - time frame
408.4.8 Appeal - non-attendance - dismissal - adjourned
408.4.9 Order - modified by Committee
408.4.10 Order - ratified by Council - effective
408.4.11 Order- non-compliance
408.4.12 Failure to comply - action by City
408.4.13 Poundkeeper- cat - removal - not returned
408.4.14 Keeping number other than specified - prohibited
Article 5
IMPOUNDING ANIMALS
408.5.1 Running at large - seizure - impounding
408.5.2 Animal impounded - record kept - by Poundkeeper
408.5.3 Animal impounded - restored to owner - deadline
408.5.4 Impound fees
408.5.5 Female - in heat - running at large - impound duration
408.5.6 Impound animal - not tagged - immunized
408.5.7 Animal impounded - owner liable - for all fees
408.5.8 Animal not claimed - sale - disposed
408.5.9 Animal impounded - injured - destroyed
KITCHENER 408.3 DECEMBER 2016
ANIMALS - REGULATION
Article 6
FEEDING -WILD ANIMAL
408.6.1. Nuisance to - owner/occupant of any property
408.6.2 Removal of food - owner/occupant of property
408.6.3 Feeding device - not allowed - any property
408.6.4 Removal of feeding device - owner/occupant - any property
408.6.5 Feeding Wild Birds - Duties of owner/occupant of property
Article 7
ENFORCEMENT
408.7.1 Fine - for contravention
Article 8
SEVERABILITY
408.8.1 Validity
Article 9
REPEAL
408.9.1 By-law - previous
Article 1
INTERPRETATION
408.1.1 Animal - defined
"animal" means any member of the animal kingdom, other than a human, but does not
include a dog over the age of twelve weeks except when otherwise indicated. By-law
99-169, 4 October, 1999.
408.1.2 Animal Designation Appeal Committee - defined
"Animal Designation Appeal Committee" means the Committee appointed by Council
to perform functions and conduct appeal hearings as set out in this Chapter.
408.1.3 Cat - defined
"cat" means any registered purebred or common domestic cat, male or female, over
the age of twelve weeks unless otherwise specified by this Chapter and shall include a
domestic breed of cat that is or appears to be feral.
KITCHENER 408.4 DECEMBER 2016
ANIMALS - REGULATION
408.1.4 City - defined
"City" means The Corporation of the City of Kitchener unless the context requires
otherwise. By-law 2008-96, 20 May, 2008.
408.1.5 Council - defined
"Council" means the Council of The Corporation of the City of Kitchener.
408.1.6 Exterior Side Lot Line - defined
"exterior side lot line" shall be defined as set out in Chapter 630 of The City of Kitchener
Municipal Code (Fences). By-law 2016-118, November 21, 2016
408.1.7 Exterior Side Yard -defined
"exterior side yard" shall be defined as set out in Chapter 630 of The City of Kitchener
Municipal Code (Fences). By-law 2016-118, November 21, 2016
408.1.8 Feed or Feeding - defined
"feed" or "feeding" means furnishing or making food available and shall include
leaving food outdoors in such a manner as to attract or be accessible to an animal, but
does not include baiting during lawful activities and also shall not include any activity
on land zoned Agricultural (A-1) under Zoning By-law 85-1 of the City.
408.1.9 Feeding Device -Wild Animal - defined
"feeding device" means a mechanism that attracts or is intended to attract wild
animals and shall include anything used to support or contain food but shall not
include a bird feeder used in accordance with the provisions of this Chapter.
408.1.10 Food -Wild Animal - defined
"food" means any substance or food which could reasonably be expected to attract or
be consumed by a wild animal, but does not include:
a) compost kept in accordance with all applicable by-laws, statutes, or
regulations;
b) landscaping materials used for landscaping purposes; or
c) food being grown for human consumption. By-law 2016-085, 29 August,
2016
408.1.11 Fowl - defined
"fowl" means domestic fowl including, but not limited to, chickens, geese, ducks and
game birds as defined in the Game and Fish Act. By-law 98-186, 30 November, 1998.
KITCHENER 408.5 DECEMBER 2016
ANIMALS - REGULATION
408.1.12 Harbour and Harbouring - defined
"harbour" and "harbouring" shall include living with or having care and control of, or
feeding an animal and shall specifically include the feeding of a cat or kitten whether
feral or domestic. However, the feeding of a wild bird in accordance with the
requirements of this Chapter shall not be considered harbouring. By-law 2016-085, 29
August, 2016.
408.1.13 Hens - defined
"hen(s)" shall mean female chicken(s). By-law 2016-118, November 21, 2016
408.1.14 - Interior Side Lot Line - defined
"interior side lot line"shall be defined as set out in Chapter 630 of The City of Kitchener
Municipal Code (Fences). By-law 2016-118, November 21, 2016
408.1.15 - Interior Side Yard - defined
"interior side yard" shall be defined as set out in Chapter 630 of The City of Kitchener
Municipal Code (Fences). By-law 2016-118, November 21, 2016
408.1.16 Kitten - defined
"kitten" means any registered purebred or common domestic cat, male or female, up
to t"e age of twelve weeks unless otherwise specified by this Chapter and shall include
a domestic breed of kitten that is or appears to be feral. By-law 2008-96, 20 May,
2008.
408.1.17 Lot - defined
"lot" means a parcel of land which can be legally conveyed pursuant to the Planning
Act. By-law 98-186, 30 November, 1998.
408.1.18 Order - defined
"Order' means an order issued pursuant to Section 408.4.3 or 408.4.4 of this Chapter.
By-law 2008-98, 20 May, 2008.
408.1.19 Owner - defined
"owner" means a person who keeps or harbours an animal and where the owner is a
minor, the person responsible for the custody of the minor.
408.1.20 Owner of Hens - defined
"owner of hens" shall mean an owner of a hen or hens kept on property zoned
residential under the Zoning By-law and shall not apply to an owner of hens kept on
land zoned Agricultural (A-1) under the Zoning By-law. By-law 2016-118, November
21, 2016.
408.1.21 Owners(s) of property on which hens are kept - defined
"owner(s) of property on which hens are kept" shall mean an owner of property zoned
residential under the Zoning By-law on which a hen or hens are kept but shall not
include the owner of property zoned Agricultural (A-1) under the Zoning By-law with
respect to that Agricultural property. By-law 2016-118, November 21, 2016.
KITCHENER 408.6 DECEMBER 2016
ANIMALS - REGULATION
408.1.22 Poundkeeper - defined
"Poundkeeper" means the Kitchener-Waterloo and North Waterloo Humane Society,
including its officers and employees.
408.1.23 Rear Lot Line - defined
"rear lot line" shall be defined as set out in Chapter 630 of The City of Kitchener
Municipal Code (Fences). By-law 2016-118, November 21, 2016
408.1.24 Rear Yard - defined"rear yard" shall be defined as set out in Chapter 630 of
The City of Kitchener Municipal Code (Fences). By-law 2016-118, November 21, 2016.
408.1.25 Wild Animal - defined
"wild animal" shall mean an animal that belongs to a species that is wild by nature or
an animal living in its natural habitat but does not include:
(a) a permitted animal kept in accordance with the requirements of this
Chapter;
(b) a prohibited or restricted animal permitted to be kept by section 408.2.13 of
this Chapter and kept in accordance with the requirements of this Chapter;
(c) a bird;
(d) a feral cat; or
(e) an animal being fed as part of research undertaken by a university, college,
or similar provincially or federally recognized research institution. By-law
No. 2016-085, 29 August, 2016
408.1.26 Zoning By-law - defined
"Zoning By-law" means any by-law administered by the City passed pursuant to
section 34 of the Planning Act, R.S.O. 1990, c. P.13, or a predecessor or successor
thereof, as may be amended from time to time.
Article 2
GENERAL PROVISIONS
408.2.1 Running at large - prohibited - owner responsibility
No owner of an animal shall allow his/her animal to run at large.
408.2.2 Running at large - conditions
An animal shall be deemed to be running at large when it is found not under the
effective control of an adult person and not under leash, unless the animal is on the
lands of a person who has given prior consent to it being unleashed.
KITCHENER 408.7 DECEMBER 2016
ANIMALS - REGULATION
08.2.3 Leash - length
No leash shall exceed 2.4 metres (8 feet).
408.2.4 Excrement - removal by owner - upon defecation
Every owner of an animal shall remove forthwith and dispose of any excrement left by
his/her animal on any property in the City other than his/her own property.
408.2.5 Attack -fighting - prohibited
No owner shall permit his/her animal to attack or fight with any animal.
408.2.6 Trespass by animal - prohibited
No owner shall permit his/her animal to trespass on private property. By-law 98-186,
30 November, 1998.
408.2.7 Slaughter house - location - restrictions
No person shall at any time use any house, dwelling unit, or accessory building, or any
part thereof, or any land abutting same, as a place for slaughtering animals unless
such place is distant not less than 180 metres (590.6 feet) from any dwelling unit and
not less than 45 metres (147.6 feet) from any highway.
408.2.8 Permitted animals
Permitted animals means:
(a) mammals which are commonly known as the following-
cats-
chinchillas;
degus;
dogs, including dogs over the age of twelve weeks;
ferrets;
gerbils;
guinea pigs;
hamsters;
hedgehogs;
mice;
rabbits;
rats;
sugar gliders.
(b) all birds, reptiles, amphibians, fish and invertebrates which are not
restricted or prohibited animals;
(c) all animals which are used for animal husbandry or are otherwise permitted
by the Zoning By-law.
KITCHENER 408.8 DECEMBER 2016
ANIMALS - REGULATION
408.2.9 Restricted animal
A restricted animal means:
(a) a lizard which will grow to more than 65 centimetres (25.6 inches) in length
from snout to vent;
(b) a snake which will grow to more than 2 metres (6.6 feet) in length;
(c) a prohibited animal which was kept or harboured by its owner on the date
the animal was prohibited or which was purchased by its owner from a pet
shop in the City in accordance with Chapter 575 of The City of Kitchener
Municipal Code. By-law 99-169, 4 October, 1999.
408.2.10 Prohibited animal
A prohibited animal means:
(a) an animal which is venomous or poisonous in captivity;
(b) an animal which is wild-caught, provided that a wild-caught fish shall be
deemed to be a permitted animal until January 1, 2004;
(c) an animal whose parent is a prohibited animal;
(d) a mammal which is not a permitted animal;
(e) birds which are members of the following orders:
Order Anseriformes, for example, but not limited to, ducks, geese and
swans;
- Order Casuariiformes, for example, but not limited to, cassowaries and
em us;
- Order Galliformes, for example, but not limited to, grouse and pheasants,
except for non-indigenous quail species which have been captive-bred for
more than six generations;
- Order Rheiformes, for example, but not limited to, rheas; and
- Order Struthioniformes, for example, but not limited to, ostriches;
(f) reptiles which are members of the following orders:
Order Crocodylia, for example, but not limited to, crocodiles; and
Order Spheodonitida, for example, but not limited to, tuatara;
KITCHENER 408.9 DECEMBER 2016
ANIMALS - REGULATION
(g) amphibians which are members of the Order Gymnophiona or Apoda
commonly known as legless amphibians. By-law 99-169, 4 October, 1999;
By-law 2013-091, 24 June, 2013.
408.2.11 Prohibited animal - keeping - offence
No person shall keep or harbour or permit to be kept or harboured a prohibited animal.
408.2.12 Restricted animal - keeping requirements
The owner of a restricted animal shall comply with the following requirements:
(a) to register the restricted animal on or before February 15, 2000 or after that
date within seven working days of becoming the owner of the restricted
animal by providing the Poundkeeper with his/her name, address and
telephone number and a description of the restricted animal;
(b) to keep the restricted animal, when it is on the lands and premises of the
owner, confined and under effective control, as approved by the
Poundkeeper;
(c) to keep the restricted animal under the effective control of an adult person
and under leash or otherwise contained at all times when it is not confined in
accordance with clause (b);
(d) to provide the Poundkeeper with the new address and telephone number of
the owner within two working days of moving the restricted animal;
(e) to provide the Poundkeeper with the name, address and telephone number
of the new owner within two working days of selling or giving away the
restricted animal;
(f) to advise the Poundkeeper within two working days of the death of the
restricted animal; and
(g) to advise the Poundkeeper forthwith if the restricted animal is running at
large or has bitten or attacked any person or animal, including dogs over the
age of twelve weeks.
408.2.13 Prohibited - restricted animal - exceptions
Sections 408.2.11 and 408.2.12 of this Chapter shall not apply to:
(a) an animal hospital or clinic lawfully operated and supervised by a
veterinarian licensed to practice in Ontario;
(b) an animal shelter operated by the Kitchener-Waterloo and North Waterloo
Humane Society;
KITCHENER 408.10 DECEMBER 2016
ANIMALS - REGULATION
(c) premises registered as a research facility in accordance with the Animals
for Research Act,
(d) the lawful operation of a circus, carnival, performance, exhibition, zoo, or
public display;
(e) subject to the approval of the Kitchener-Waterloo and North Waterloo
Humane Society:
i) premises where animals are being kept for the purposes of
rehabilitating the individual animal; or
ii) when under the auspices of the federal or provincial government or
an organization or facility with appropriate expertise, premises where
animals are being kept for the purpose of preserving the individual
animal or the animal species, provided that the premise meet
Canadian Association of Zoos and Aquarea standards;
(f) day care facilities or educational establishments where short-term
educational programs are being conducted; or
(g) a person keeping up to four hens on a property in accordance with the
requirements of this Chapter. By-law 2016-118, November 21, 2016
408.2.14 Animal Designation Appeal Committee - hearing
The Poundkeeper or a resident of the City may request that a Committee of Council,
known as the Animal Designation Appeal Committee, conduct a hearing as to
whether:
(a) a species of mammal should be added to Section 408.2.8 as a permitted
animal or to Section 408.2.9 as a restricted animal; or
(b) a species of bird, reptile, amphibian, fish or invertebrate should be added to
Section 408.2.9 as a restricted animal or to Section 408.2.10 as a prohibited
animal.
408.2.15 Request for hearing
(a) Requests from residents shall be submitted between January 1 and
February 15 of each year.
(b) One request from a resident in regard to Section 408.2.14(a) and one
request from a resident in regard to Section 408.2.14(b), such requests to
be chosen by lottery after February 15 if necessary, shall be considered by
the Animal Designation Appeal Committee during the remainder of the
year.
KITCHENER 408.11 DECEMBER 2016
ANIMALS - REGULATION
408.2.16 Animal Designation Appeal Committee - decision
The Animal Designation Appeal Committee may recommend to Council that:
(a) the mammal species be added to Chapter 408 as a permitted or a restricted
animal if-
(i) the mammal species has been captive-bred for at least 10
generations;
(ii) the general public is capable of providing a level of care for the
animal species which protects it from suffering at all stages of its life,
considering the animal's physical and psychological or behavioural
well-being;
(iii) the danger the animal species may present to public health or safety
is minimal;
(iv) the danger the animal species may present to the local ecosystem
should it escape or be released is minimal.
(b) a bird species be added to Chapter 408 as a restricted or prohibited animal
if.
(i) the bird species has been captive-bred for less than six generations;
(ii) the general public is not capable of providing a level of care for the
animal species which protects it from suffering at all stages of its life,
considering the animal's physical and psychological or behavioural
well-being;
(iii) the danger the animal species may present to public health or safety
is not minimal; or
(iv) the danger the animal species may present to the local ecosystem
should it escape or be released is not minimal.
(c) a reptile, amphibian, fish or invertebrate species be added to the
Chapter as a restricted or prohibited animal if-
(i) the general public is not capable of providing a level of care for the
animal species which protects it from suffering at all stages of its life,
considering the animal's physical and psychological or behavioural
well-being;
(ii) the danger the animal species may present to public health or safety
is not minimal; or
KITCHENER 408.12 DECEMBER 2016
ANIMALS - REGULATION
(iii) the danger the animal species may present to the local ecosystem
should it escape or be released is not minimal.
408.2.17 Hearing evidence
The Animal Designation Appeal Committee may require any person to give evidence
relevant to the subject matter of a hearing. By-law 99-169, 4 October, 1999.
408.2.18 Entry - Inspection - right
The Regional Medical Officer of Health and any Health Inspector, the Chief Fire
Prevention Officer and any Fire Inspector, the Chief Building Official and any
Building/Plumbing Inspector, Property Standards Officer or Municipal Law
Enforcement Officer, and the Poundkeeper and any Ontario Society for the
Prevention of Cruelty to Animals Inspector may, at all reasonable times enter upon
and inspect any lands and premises where animals are kept for the purpose of
insuring compliance with the provisions of this Chapter. By-law 99-169, 4 October,
1999; By-law 2010-146, 7 September, 2010.
Article 3
PIGEONS - RABBITS
408.3.1 Enclosure - requirements
No person shall keep or permit to be kept pigeons or rabbits in other than an enclosure
that:
(a) where it is not a cage, has its inside walls and ceiling limewashed or painted
at least annually;
(b) is screened to the maximum extent possible from adjacent premises and
streets by hedges, shrubs, fences or other suitable screening;
(c) in the opinion of the Poundkeeper, provides adequate space, lighting and
ventilation having regard to the number of pigeons and rabbits kept therein;
(d) in the opinion of the Regional Medical Officer of Health, does not house
pigeons or rabbits in such a manner or in such number as to constitute an
actual or potential threat or hazard to human health;
(e) is maintained in such a manner as to prevent the emission of noxious
odours therefrom;
(f) is readily maintained in a clean and sanitary condition;
KITCHENER 408.13 DECEMBER 2016
ANIMALS - REGULATION
(g) is constructed and maintained in compliance with the provisions of any
applicable Act or Regulation and any other municipal by-law including,
without restricting the generality of the foregoing, the Health Protection and
Promotion Act and Regulations, the Ontario Building Code Act, 1992 and
Regulations, the Fire Prevention and Protection Act and Regulations,
Chapter 665 of the City's Municipal Code and the Zoning By-law;
(h) is constructed in such a manner as to prevent the escape from the
enclosure of any pigeon or rabbit kept therein;
(i) is located to the rear of the property and situated 12.2 metres (40 feet) from
any school, church, dwelling unit or other premises used for human
habitation or occupancy, other than premises occupied exclusively by the
owner or members of the owner's immediate family.
408.3.2 Enclosure - existing - location - exemption
An enclosure in existence prior to October 26, 1987 shall, notwithstanding that it does
not comply with Section 408.3.1(i) shall be deemed to be an enclosure within the
meaning of Section 408.3.1 provided it complies in all other respects with the
provisions thereof and provided it cannot be re-located to comply with Section
408.3.1(i).
408.3.3 Enclosure - maintained sanitary - feed -waste storage
Every person keeping pigeons or rabbits in an enclosure shall:
(a) remove and dispose of in a sanitary manner at least three times each week
all droppings, refuse or offal, and any dropped or scattered feed within or
adjacent to any enclosure. No material so removed may be burned or
stored on or within the lands and premises from which it is removed; and
(b) store all feed in rodent-proof containers.
408.3.4 Pigeons - in City - prohibited - rabbits - limitation
No person shall keep or permit to be kept any pigeons or more than six rabbits on any
lot within the City.
408.3.5 Agricultural land - exemption
Section 408.3.4 does not apply to a lot located within an area zoned agricultural by the
Zoning By-law.
408.3.6 Permitted use - by Zoning By-law - exemption
Section 408.3.5 does not apply to a lot where the keeping of pigeons or rabbits is a
permitted use either expressly or by necessary implication, within the meaning of the
Zoning By-law. By-law 98-186, 30 November, 1998.
KITCHENER 408.14 DECEMBER 2016
ANIMALS - REGULATION
408.3.7 Pigeon keeping - exemption - conditions
Notwithstanding Section 408.3.4, where a person or property has been granted an
exemption by Council prior to August 31, 2004, allowing for the keeping of pigeons in
the City, pigeons may be kept provided that:
(a) the pigeons are kept continuously from August 31, 2004 forward;
(b) the number of pigeons kept does not exceed that number of pigeons
specifically permitted in the exemption if applicable;
(c) the pigeons are kept at the location specified in the exemption if so
specified;
(d) where no location is specified in the exemption that the exemption shall not
apply to a property other than the property the pigeons were kept at on
August 31, 2004;
(e) the pigeons are kept for sporting or exhibitions purposes;
(f) the pigeon keeper resides at the property and is a bona fide member of an
organized pigeon club or association;
(g) each pigeon is banded with an identifying leg band issued by the said
organization;
(h) the pigeon keeper ensures compliance with all other regulations of this
Chapter respecting the keeping of pigeons. By-law 2004-144, 29 June,
2004.
408.3.8 Infection - communicable disease - responsibility
In the event the owner of pigeons or rabbits suspects they are infected with a
communicable disease, the owner shall immediately consult a veterinarian licensed to
practice in Ontario to diagnose the condition. If the diagnosis confirms that the
pigeons or rabbits are infected with a communicable disease, the owner shall
immediately notify the Regional Medical Officer of Health and comply with any
direction which may be issued by the Regional Medical Officer of Health in this regard.
By-law 98-186, 30 November, 1998.
408.3.9 Pigeon keeping - exemption revoked - permanent
Where a person or property was granted an exemption by Council prior to August 31,
2004, allowing for the keeping of pigeons in the City, Council may permanently revoke
this exemption if the pigeon keeper or property has failed to comply with any of the
regulations respecting the keeping of pigeons in this Chapter, the conditions of
Section 408.3.7, or the conditions of the original exemption. By-law 2004-144, 29
June, 2004.
KITCHENER 408.15 DECEMBER 2016
ANIMALS - REGULATION
Article 4
CATS
408.4.1 Harbouring - causing nuisance - prohibited
No person shall keep or harbour any cat or kitten in a manner that adversely impacts
neighbouring properties or residents whether through offensive odours, noise likely to
disturb inhabitants, straying or roaming of cat(s) or kitten(s), accumulation of feces or
otherwise.
408.4.2 Keeping - conditions adverse to health - prohibited
(a) No person shall keep or harbour any cat or kitten in a manner that
adversely impacts the health or well-being of the cat or kitten.
(b) For the purposes of Section 408.4.2(a), the following are deemed to be
circumstances which could adversely impact the health or well-being of a
cat or kitten: unsanitary conditions, neglect, overcrowding, inadequate
feeding, and inadequate medical attention.
408.4.3 Nuisance - order - issued - reduction of cats
Where a person is convicted under Section 408.4.1 of this Chapter, the City's Director
of Enforcement may issue an order to discontinue the contravening activity by
reducing the number of cats or kittens at a property and/or kept or harboured by that
person and such Order shall be complied with. The number to which the total number
of cats and kittens must be reduced to shall be at the Director of Enforcement's
discretion and may be as low as zero.
408.4.4 Health concerns - order - issued - reduction of cats
Where a person is convicted under Section 408.4.2(a) of this Chapter, the City's
Poundkeeper may issue an order to discontinue the contravening activity by reducing
the number of cats or kittens at a property and/or kept or harboured by that person and
such Order shall be complied with. The number to which the total number of cats and
kittens must be reduced to shall be at the Poundkeeper's discretion and may be as low
as zero.
408.4.5 Order - information - requirements
Every Order shall:
(a) give reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred;
(b) indicate the number to which the total number of cats and kittens must be
reduced;
(c) shall indicate the date by which there must be compliance with the order to
reduce the number of cats; and
KITCHENER 408.16 DECEMBER 2016
ANIMALS - REGULATION
(d) shall include a statement that failure to comply with the order may result in
seizure of any cats and kittens and/or charges under this Chapter.
408.4.6 Order - appeal - deadline
An Order may be appealed by the individual(s) to whom it is directed. Such appeal
shall be made in writing to the Clerk of the City within ten business days of the Order's
date of issuance.
408.4.7 Appeal - hearing -time frame
Where an Order has been appealed, the Animal Designation Appeal Committee shall
hold an appeal hearing pursuant to the provisions of the Statutory Powers Procedure
Act. The Animal Designation Appeal Committee shall endeavour to hold such appeal
hearing within thirty days of the request.
8.4.8 Appeal - non-attendance - dismissal - adjourned
Where a person has requested an appeal and does not appear at the appointed time,
the Animal Designation Appeal Committee may dismiss the appeal as abandoned or,
where it has cause to believe it would be beneficial to adjourn the appeal, may do so to
allow the person who requested the appeal an opportunity to be present. If the appeal
is dismissed as abandoned by the Animal Designation Appeal Committee, the Order
shall stand.
408.4.9 Order - modified by Committee
The Animal Designation Appeal Committee may recommend that an Order be ratified,
affirmed, rescinded, added to, varied, substituted, or that time for compliance with the
Order be extended.
408.4.10 Order - ratified by Council - effective
Any recommendation of the Animal Designation Appeal Committee must be ratified or
affirmed by Council before taking effect and Council may ratify or affirm, rescind, add
to, vary, or substitute the Order of part thereof and may also extend time for
compliance with the Order.
408.4.11 Order - non-compliance
Where compliance with an Order has failed to eliminate any violation of Section
408.4.1 or 408.4.12(a) under this Chapter, a further Order or Orders may be made
pursuant to this Chapter regardless of whether any other charge is laid or conviction is
obtained under Section 408.4.1 or 408.4.2(a) of this Chapter.
408.4.12 Failure to comply - action by City
In the event of a person's failure to comply with an Order issued under this Chapter,
the City may take such action as necessary to cause compliance with the Order at that
person's expense. Such action may include the removal of cats from the property. The
City may recover the costs of such remedial action from the person the Order directed
or required to do it, by action or by adding the costs to the tax roll and collecting them
in the same manner as property taxes.
KITCHENER 408.17 DECEMBER 2016
ANIMALS - REGULATION
408.4.13 Poundkeeper - cat - removal - not returned
The Poundkeeper shall treat any cat(s) or kitten(s) removed pursuant to this Chapter
in the same manner as an animal found running at large but shall not return such
cat(s) or kitten(s) to the person or location from which they were removed unless it is
shown to the satisfaction of the Poundkeeper that returning them would not facilitate a
situation of non-compliance with the governing Order.
408.4.14 Keeping number other than specified - prohibited
No person shall keep more cats or kittens than specified by an Order. By-law 2008-96,
20 May, 2008.
Article 5
IMPOUNDING ANIMALS
408.5.1 Running at large -seizure - impounding
The Poundkeeper may seize and impound any animal found running at large.
408.5.2 Animal impounded - record kept - by Poundkeeper
The Poundkeeper shall keep a record of every animal impounded or seized, including
the date it was impounded, a description of the animal, the tag number if it wore a tag,
the date of disposition and the disposition made.
408.5.3 Animal impounded - restored to owner - deadline
Possession of the animal may be restored to the owner if the owner claims possession
of the animal within three days, exclusive of statutory holidays and Sundays, after the
date of seizure and impounding. By-law 98-186, 30 November, 1998; By-law 2008-98,
20 May, 2008.
408.5.4 Impound fees
The Poundkeeper may release an impounded animal to its owner after identification of
the animal by its owner. The Poundkeeper may require any of the following of the
owner prior to releasing the animal or at a later date:
(a) payment of the Thirty-Five Dollar ($35) impound fee for the first day or any
part thereof which the animal has been impounded;
(b) payment of the Thirty-Five Dollar ($35) boarding fee incurred for each
subsequent day or any part thereof which the animal has been impounded;
and
(c) payment of the cost of any vaccination given pursuant to this Chapter.
By-law 2013-091, 24 June, 2013.
408.5.5 Female - in heat - running at large - impound duration
Any female animal found to be running at large in heat shall be impounded by the
Poundkeeper until no longer in heat, but in any case no longer than twenty-one days.
KITCHENER 408.18 DECEMBER 2016
ANIMALS - REGULATION
408.5.6 Impound animal - not tagged - immunized
Any animal impounded not wearing a tag for the current year may be given an
inoculation to provide immunization against rabies. By-law 98-186, 30 November,
1998; By-law 2008-96, 20 May, 2008.
408.5.7 Animal impounded - owner liable - for all fees
Where an animal is impounded, the owner shall be liable for and shall pay on demand
the following fees to the Poundkeeper:
(a) the Thirty-Five Dollar ($35) impound fee for the first day or any part thereof
which the animal has been impounded;
(b) the Thirty-Five Dollar ($35) boarding fee incurred for each subsequent day
or any part thereof which the animal has been impounded; and
(c) the cost of any vaccination given pursuant to this Chapter. By-law
2013-0917 24 June, 2013.
408.5.8 Animal not claimed -sale - disposed
In the event that possession of any impounded animal has not been restored to the
owner within three days, exclusive of statutory holidays and Sundays, after seizure,
the animal may be sold by the Poundkeeper for such price as he/she deems
reasonable or the Poundkeeper may dispose of the animal pursuant to the Animals for
Research Act and Regulations thereunder. The sale of any animal so sold shall
belong to the Poundkeeper and no damages or compensation shall be recovered on
account of any disposition made thereunder.
408.5.9 Animal impounded - injured - destroyed
Where an animal which has been seized is injured or should be destroyed without
delay for humane reasons, the Poundkeeper may dispose of the animal in a humane
manner as soon after seizure as he/she thinks fit without permitting any person to
reclaim the animal or without offering it for sale and no damages or compensation
shall be recovered on account of such disposition.
Article 6
FEEDING -WILD ANIMAL
408.6.1 Nuisance to - owner/occupant of any property
No person shall feed or permit the feeding of a wild animal in a manner that creates a
nuisance to an owner or occupant of any property.
408.6.2 Removal of food - owner/occupant of property
Every owner and occupier of property shall immediately remove any food placed on
the property in violation of this Chapter.
408.6.3 Feeding device - not allowed - any property
No person shall place a feeding device on any property.
KITCHENER 408.19 DECEMBER 2016
ANIMALS - REGULATION
408.6.4 Removal of feeding device - owner/occupant
Every owner and occupier of property shall immediately remove any feeding device
placed on the property in violation of this Chapter.
408.6.5 Feeding Wild Birds - Duties of owner/occupant of property
No person shall feed or permit the feeding of a wild bird unless:
(a) having the permission of the owner or occupant of the property where the
bird is fed;
(b) ensuring there is no accumulation of bird feces;
(c) making food reasonably inaccessible to wild animals and ensuring that food
does not unreasonably attract wild animals in a manner that creates a
nuisance to occupants of any property;
(d) promptly removing and disposing of excessive spilled seed or other food to
ensure it does not attract wild animals; and
(e) ensuring that the feeding does not interfere with the normal use or
enjoyment of any property." By-law 2016-085, 29 August, 2016.
(f)
Article 7
HENS
408.7.1
A person may keep up to four hens at a property in a residential zone under the Zoning
By-law providing the conditions and requirements contained in this Article are met.
408.7.2
Every owner of hens and every owner of property on which hens are kept shall ensure
that:
(a) the owner of the hens has paid the applicable permit fee as set by Council
from time to time, made application for, and obtained a permit from the City
to allow the keeping of hens at the property;
(b) the owner of the hens resides at the property;
(c) the property on which the hens are kept has residential zoning under the
Zoning By-law and contains a single detached, semi-detached, or
townhouse dwelling;
(d) all owner(s) and all adult occupant(s) of the property have consented in
writing to the satisfaction of the City to the keeping of hens at the property;
KITCHENER 408.20 DECEMBER 2016
ANIMALS - REGULATION
(e) the hens are kept in a fully enclosed coop or run in a manner that contains
the hens on the property and prevents their escape from such coop or run;
(f) the coop and any run are within the rear yard, exterior side yard, or interior
side yard of the property; and
(g) the coop and any run are set back at least 1.2 metres from the rear lot line
and at least 2.5 metres from any interior side lot line or exterior side lot line
of the property and at least 2.5 metres from any rear lot line abutting an
exterior side yard or interior side yard of another property unless all
owner(s) and all adult occupant(s) of any property from which the
aforementioned setbacks are not in place have consented in writing to the
satisfaction of the City to the placement of the coop or run.
408.7.3
When a coop is built within a shed or other structure, only the portion actually used
to house hens shall be required to meet the setback requirements of section
408.7.2.
408.7.4
Every owner of hens and every property owner on which hens are kept shall
ensure the hens are housed in a coop that is constructed and maintained:
(a) to provide protection from weather and be adequately ventilated;
(b) to exclude rodents and predators;
(c) with flooring that is resistant to moisture and mold and retains heat in the
cold weather;
(d) with a chicken box sufficient to accommodate all hens;
(e) with a perch area sufficient to accommodate all hens; and
(f) with an accessible dust bath area.
408.7.5
Every owner of hens and every property owner on which hens are kept shall
ensure that:
(a) coops and runs are maintained in a clean condition;
(b) coops and runs are maintained to ensure that smells do not cause a
nuisance to residents of any neighbouring property or any residents of the
City;
KITCHENER 408.21 DECEMBER 2016
ANIMALS - REGULATION
(c) coop floors are lined with shavings, straw, or other appropriate materials to
absorb manure and facilitate cleaning;
(d) coops are deep cleaned at least two times yearly including disinfecting of
troughs, perches, and nests;
(e) feeders and water containers are provided and are cleaned and disinfected
regularly;
(f) all stored feed is kept in rodent proof containers and secured at all times to
prevent rodents and other animals from accessing it;
(g) feeding of hens is done in a manner that minimizes the attraction of rodents
or other animals;
(h) manure and droppings are cleaned out daily and stored in a secured
container or composter in accordance with compost regulations until
disposed of in accordance with all applicable laws and regulations;
(i) each hen is banded with such band containing current contact information
for the hen's owner;
(j) hens have access to an enclosed outdoor run area;
(k) deceased hens are disposed of at a livestock disposal facility, through the
services of a veterinarian, chicken exchange program, or through a facility
as approved by the Ministry of Agriculture, Food, and Rural Affairs and are
disposed of in accordance with all laws;
(1) there is no sale of eggs, manure or other products associated with the
keeping of hens;
(m) no slaughtering or butchering of hens is done on the property;
(n) hens are kept in accordance with all other laws including the City's by-laws
respecting noise, lot maintenance, property standards, and animals as well
as provincial legislation respecting the keeping of animals.
408.7.6
(1) An owner or adult occupant of property may withdraw consent to placement
of a hen coop or run that is closer to their property than otherwise required
by submitting written notice to the satisfaction of the City to the City's
Director of By-law Enforcement. Where such consent is withdrawn, the
City shall notify the owner of the property where the coop or run is placed
that consent has been withdrawn.
KITCHENER 408.22 DECEMBER 2016
ANIMALS - REGULATION
(2) Where the City notifies a property owner that consent to have the coop or
run closer to a property than otherwise required has been withdrawn, that
owner of property on which hens are kept shall ensure that the coop or run
is removed or relocated within a permitted area by the later of November 1
of that calendar year or six (6) months following the date of notification
being given.
408.7.7
Where an owner of hens can show to the satisfaction of the City's Director of
Enforcement that they owned more than four hens on November 8, 2016, the person
shall be allowed to keep up to six of the hens owned on that date for the lifetime of
the hens but shall not replace any hen that dies until the number of hens is reduced
to four. Any person relying on this provision shall provide such information as the
Director of Enforcement reasonably requires for the purposes of identifying existing
hens and ensuring that new hens are not purchased until the number of hens is
reduced to four. This provision shall only apply if the hens are kept in compliance
with all other provisions of this by-law." By-law 2016-118, November 21, 2016
Article 8
ENFORCEMENT
408.8.1 Fine -for contravention
Every owner who contravenes any provision of this Chapter or, an Order issued
pursuant to this Chapter, is guilty of an offence and is liable, upon conviction, to a fine
not exceeding Five Thousand Dollars ($5000), exclusive of costs, for each offence,
recoverable under the Provincial Offences Act. By-law 98-186, 30 November, 1998;
By-law 2008-96, 20 May, 2008.
Article 9
SEVERABILITY
408.9.1 Validity
Each and every of the provisions of this Chapter is severable and if any provisions of
this Chapter should for any reason be declared invalid by any court, it is the intention
and desire of this Council that each and every of the remaining provisions hereof shall
remain in full force and effect.
Article 10
REPEAL
409.10.1 By-law - previous
By-law 87-202 as amended by By-laws 89-77, 89-2067 91-1147 91-1847 91-272 and
92-26, and By-law 87-275 as amended by By-laws 91-185, 91-2717 92-2607 95-117
96-97 and 98-72 are repealed. By-law 98-186, 30 November, 1998; By-law 2008-96,
20 May, 2008; By-law 2016-085, 29 August, 2016; By-law 2016-118, November 21,
2016
KITCHENER 408.23 DECEMBER 2016