HomeMy WebLinkAboutBy-law No. 2016-085 - Amend c408-Animals - RegulationBY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by -law to amend Chapter 408 of The City of
Kitchener Municipal Code with respect to Animals -
Regulation.)
WHEREAS it is deemed expedient to amend Chapter 408 of The City of
Kitchener Municipal Code as adopted by By -law 88 -100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Article 1 of Chapter 408 of The City of Kitchener Municipal Code is hereby
amended by deleting section 408.1.7.
2. Article 1 of Chapter 408 of the City of Kitchener Municipal Code is hereby amended
by adding the following definitions thereto and renumbering the sections thereof
accordingly:
" "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.
"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.
"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.
"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.
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"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."
3. Chapter 408 of The City of Kitchener Municipal Code is hereby amended by
adding the following as Article 6 thereto and renumbering the former Articles 6, 7,
and 8 accordingly:
"Article 6
408.6.1
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.
Every owner and occupier of property shall immediately remove any food placed
on the property in violation of this Chapter.
408.6.3
No person shall place a feeding device on any property.
C[I1:1W!
Every owner and occupier of property shall immediately remove any feeding
device placed on the property in violation of this Chapter.
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;
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(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."
0 HA
PASSED at the Council Chambers in the City of Kitchener this C�-- I day
of A.D. 2016.
Mayor
Clerk