Exotic Pets By-Law

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Exotic Pets By-Law Town of Huntsville Staff Report Meeting Date: August 15, 2019 To: Development Services Committee Report Number: DEV-2019-221 Confidential: No Author(s): Andrew Stillar, Chief By-law Enforcement Officer Subject: Exotic Pets By-law Report Highlights This report provides an overview of the proposed changes to the Exotic Pet By-Law. Recommendation That: Committee approve the draft Exotic Pet By-law dated August 15th, 2019, and attached as Appendix "I" to Report DEV-2019-221; And Further That: The by-law be forwarded to Council for approval. Background Further to Report Nos. DEV-2017-12 and DEV-2017-96, staff continue to review the Town's By-laws and have most recently completed a review of the Exotic Pet By-law No. 2006-135, to ensure that it continued to address the needs and concerns of the community. Discussion The review revealed that certain provisions needed to be updated. For example, there was not a single definition in the by-law. In addition, a prohibition has been added specifically to prevent a Circus from being held anywhere within the Town. Proposed Changes: Preamble: Has expanded as over the past several years the Municipality's role and authorizations have been further explained and expanded. Definitions: Several definitions have been revised and new definitions have been included within the draft by-law. These improved definitions will give additional clarity to the by-law and enable staff to properly deal with repeat occurrences that have arisen over the years. Exemption Process: The proposed updated by-law also includes an exemption process section. Committee could provide an opportunity to hear from the applicant, discuss the issue and either allow a person to keep a prohibited animal (listed in Schedule A of the Draft By-law) or deny the request. Fines: Fines and short form wording have been added to include more offences. As Committee will recall, all fines and short form wording must be approved by the Chief Justice for the Ministry of the Attorney Generals Office before a fine can be issued. Public Awareness: Since the passage of the by-law in 2006, the by-law department has received very few complaints about exotic pets. The draft by-law has been attached as Appendix "I". Options • Repeal and replace By-law No. 2006-135 (recommended) • Not repeal By-law No. 2006-135 (not recommended) Capital Not at this time. Operational Not at this time. Council Strategic Direction / Relevant Policies / Legislation / Resolutions Town of Huntsville Strategic Plan 2017 GOAL #3: Ensure Municipal operations are streamlined, efficient and effective. Objectives: Continuously review all bylaws and administrative requirements to ensure they are appropriate and necessary. By-law Enforcement - Functional Review Report No. DEV-2017-12 Attachments Exotic Pet Bylaw 22 May 2019 Respectfully Submitted: Andrew Stillar, Chief By-law Enforcement Officer Manager Approval (if required): _________________________________ Director Approval: Kirstin Maxwell, Director of Development Services CAO Approval: Denise Corry, Chief Administrative Officer CORPORATION OF THE TOWN OF HUNTSVILLE BY-LAW NO. 2019-XX Being a By-law to Prohibit the Keeping of Certain Animals within the of the Town of Huntsville WHEREAS pursuant to Section 11 of the Municipal Act, 5.0. 2001, c. 25, as amended, authorizes a Municipality of pass by-laws respecting matters within the jurisdiction of animals; AND WHEREAS pursuant to Section 425 of the Act, a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence; AND WHEREAS pursuant to Section 426 of the Act, no person shall hinder or obstruct, or attempt to hinder or obstruct any person who is exercising a power or performing a duty under a by-law passed under this Act; AND WHEREAS pursuant to Section 429 of the Act, a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act; AND WHEREAS pursuant to Section 436 of the Act, a municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether a by-law of the municipality passed under the Act is being complied with; AND WHEREAS the Corporation of the Town of Huntsville deems it desirable, for the protection of the public and in the public interest to pass a by-law to prohibit the keeping of exotic, wild and non-domestic animals within the limits of the Town of Huntsville; NOW THEREFORE the Council of the Corporation of the Town of Huntsville enacts as follows: 1.0 Definitions In this by-law: 1.1 "Animal" means any non-human mammal, reptile, amphibian or bird; 1.2 “By-Law Enforcement Officer” means a person who is appointed by Council to enforce bylaws enacted and passed by Council; 1.3 “Circus” means a traveling public entertainment company that has trained or preforming animals weather the animals are listed in Scheduled “A” or not; 1.4 "Council" means the Council of The Corporation of the Town of Huntsville; 1.5 “Keep” means having the care, custody, control or possession of an animal; 1.6 “Owner” means the registered Owner of the land and also includes a trustee acting on behalf of the registered Owner, the estate of a registered Owner and a Person with a leasehold interest in the land; 1.7 “Person” means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a Person to whom the context can apply, according to law; 1.8 “Town” means the Corporation of the Town of Huntsville; 2.0 Prohibition 2.1 Except as provided in Section 4 of this by-law, no person shall keep, harbour, sell or show any animal as listed in Schedule "A" to this By-law anywhere within the Town. 2.2 No person shall permit or cause a Circus to be held anywhere within the Town. 2.3 No person who operates a business within the Town that includes the sale of pets shall possess, keep, sell or otherwise make available any animals listed in Schedule 'A' of this by-law. 3.0 Issuance and Compliance with Notice 3.1 A Municipal by-law Enforcement Officer may issue a notice of removal with respect to any prohibited animal found on any premises, setting out a time and date by which such animals shall be removed from the premises. 3.2 Every Owner or Lessee shall comply with such notice within the stated time. 4.0 Exemptions 4.1. It is permissible to keep any animal of the kind listed in Schedule "A" to the by-law in the following places or circumstances: a) In a Veterinary Hospital under the care of a Licensed Veterinarian; b) In a public compound; c) In a Zoo or Wildlife Sanctuary; d) In a designated pound or shelter; e) Premises registered as research facilities pursuant to the Animals for Research Act; f) A Farmer carrying out a farm operation involving the following alternative livestock animals: llamas, alpacas, emus, ostrich, rheas, mink, chinchilla, gerboa and rabbits where such use is permitted by the Town of Huntsville Zoning By law and providing that the animals are kept in a secure, humane, and escape proof cage, tank or enclosure; g) Keeping of all Serpentes of the families Pythonidae and Boidae under the length of 2 meters (6 feet); h) Persons carrying out educational programs in conformance with any provincial or federal laws. 5.0 Exemption Application Process 5.1 Notwithstanding the prohibitions contained in this by-law, any Person may submit an Exotic Pet By-law Exemption Application to the Town. The Town may approve, approve with conditions or refuse to approve a Exotic Pet By-law Exemption Application. An approved Exotic Pet By-law Exemption Permit may contain such terms and conditions as the Town sees fit. 5.2 To initiate the process for an Exotic Pet By-law Exemption, an Applicant shall submit the prescribed form which is available from the Town. 5.3 No Person shall make a false or misleading recital of fact, statement or representation on an Exotic Pet By-law Exemption Application. 5.4 Upon receipt of an Exotic Pet By-law Exemption Application, the Clerk shall schedule the matter for consideration on the next Development Services Committee Meeting agenda and shall notify the Applicant of the scheduling details. The Applicant and any other Person wishing to speak to the matter shall be given the opportunity to delegate the matter before Development Services Committee. 5.5 At the Development Services Committee meeting, the onus is on the Applicant to show cause why the Exotic Pet By-law Exemption Application should be approved with or without Conditions; 5.6 Where the Applicant has been provided with notification of the Development Services Committee meeting and does not attend, Committee may proceed to deal with the matter in the absence of the Applicant. 5.7 The Development Services Committee shall hear the evidence and ask questions of the By-Law Enforcement Officer, the Applicant if present, and any other Person permitted to be heard. 5.8 After hearing all of the evidence and submissions, the Development Services Committee shall debate the matter and reach a decision. 5.9 The decision made by the Development Services Committee shall be confirmed by resolution and is final. 5.10 A copy of the resolution shall be mailed to the Applicant or be personally served on them. 5.11 The term of the approval of any Exotic Pet By-law Exemption Application shall be indicated on the Exotic Pet By-law Exemption Permit.
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