HomeMy WebLinkAboutBy-law No. 2008-096 - Amend c.408 - Animals - RegulationBY-LAW NUMBER
OF THE
cT~~ ~` I Y~
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. Section 408.1.2 of The City of Kitchener Municipal Code is hereby deleted in its
entirety and the following is substituted therefor:
"408.1.2
"City" shall mean the Corporation of the City of Kitchener unless the context
requires otherwise."
2. The existing Section 408.5.1 of The City of Kitchener Municipal Code is hereby by
amended by adding after the word "Chapter" the words "or an Order issued
pursuant to this Chapter" thereto.
3. Chapter 408 of The City of Kitchener Municipal Code is hereby amended by adding
the following as Article 4 thereto and renumbering the existing Articles 4 through 7
accordingly:
"Article 4
408.4.1
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
(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.
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(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
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 (0).
408.4.4
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 (0).
408.4.5
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
(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
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 (10) business days of the
Order's date of issuance.
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408.4.7
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 endeavor to hold
such appeal hearing within thirty (30) days of the request.
408.4.8
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
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
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
Where compliance with an Order has failed to eliminate any violation of section
408.4.1 or 408.4.2(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
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.
408.4.13
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
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4.
of
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
No person shall keep more cats or kittens than specified by an Order."
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
accordingly:
""Animal Designation Appeal Committee" means the Committee appointed by
Council to perform functions and conduct appeal hearings as set out in this by-law.
"cat" means any registered purebred or common domestic cat, male or female,
over the age of 12 weeks unless otherwise specified by this Chapter and shall
include a domestic breed of cat that is or appears to be feral.
"harbour" shall include living with, having care and control of, feeding, leaving food
in a manner that is likely to attract a cat or kitten to a property, and shall also
specifically include a situation in which any person provides food to any cat or kitten
whether domesticated or feral.
"kitten" means any registered purebred or common domestic cat, male or female,
up to the age of 12 weeks unless otherwise specified by this Chapter and shall
include a domestic breed of kitten that is or appears to be feral.
"Order" means an order issued pursuant to section 408.4.3 or 408.4.4 of this
Chapter."
PASSED at the Council Chambers in the City of Kitchener this ~-Q ~' day
A. D. 2008.
Mayor
Clerk