BYLAW - Animal Services Bylaw - 20190723 - 619719The Corporation of the Town of Aurora
By-law Number 61 97-1 9
Being a By-law to regulate various matters relating to the keeping,
licensing and controlling of animals in the Town of Aurora.
Whereas section 11 of the Municipal Act, 2001, s.o. 2001, c. 25, as amended (the
"Municipal Act"), authorizes The Corporation of the Town of Aurora (the "Town") to
enact by-laws respecting animals, which includes domestic animals such as dogs or
cats;
And whereas section 103 of the Municipal Act authorizes the Town, through the
passage of a by-law, to seize, impound, and sell animals that are trespassing or at
large;
And whereas section 151 of the Municipal Act provides that a municipality may license,
regulate and govern any business, wholly or partly carried on within that municipality;
even if the business is being carried on from a location outside the municipality;
And whereas section 391 of the Municipal Act authorizes the Town to impose fees or
charges for services or activities provided or done by or on behalf of the Town and for
use of the Town's property;
Now therefore the Council of The Corporation of the Town of Aurora hereby
enacts as follows:
Part l: Definitions and Interpretation
1.Definitions
1.1 In this by-law, the following words have the following meanings:
(a) "adult" means a person who has attained the age of eighteen years;
(b) "animal" means any member of the animal kingdom, other than a human;
(c) "Animal Services Officer" means:
(i) any Municipal Law Enforcement Officer or Property Standards Officer
appointed by the Town;
(ii) any police officer; and
(iii) any person or corporation contracting with the Town to control dogs,
cats or other animals, and any servants or agents of such person or
corporation;
(d) "at large" means an animal found in any place, other than the lands,
premises or a vehicle of the animal owner or person keeping such animal
while:
(i) the animal is not leashed, or
(ii) the animal is leashed and no person has the leash in hand;
(e) "attack" means an act of aggression towards a person or domestic
animal;
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(f) "bite" means any contact with an animal's teeth that causes puncturing of
the skin of a human or a domestic animal;
(g) "Clerk" means the Town Clerk of the Town as appointed by by-law;
(h) "Dangerous Act" means any bite, attack or a combination thereof;
"Dangerous Dog" means a dog that has been determined to be a
dangerous dog pursuant to section 14, which determination has not been
otherwise rescinded pursuant to this by-law;
(j) "Dangerous Dog Order" means an order to comply with the
requirements for owners of a Dangerous Dog pursuant to section 14 of
this by-law;
(k) "Director" means the Director for the Town overseeing the Bylaw
Services Division or his or her designate;
"domestic animal" means a dog or a cat kept by a person;
(m) "dwelling unit" means a room or suite of two (2) or more rooms designed
or intended for residential use by a person or persons in which culinary
and sanitary conveniences are provided for the exclusive use of such
person or persons, and having a private entrance from outside or from a
common hallway or stairway;
(n) "Foster Animal" means a dog, a cat, a litter of puppies that originate from
the same female dog or a litter of kittens that originate from the same
female cat that is owned, kept, cared for, possessed or harboured by a
person as part of a foster care program administrated by a Municipal
Pound, registered rescue group or a registered humane society;
(o) "Guide Dog" means a guide dog as defined in section 1 of the Blind
Persons' Rights Act, R.S.0. 1990, c. B.7, as amended or successor
legislation thereto;
(p) "impound" means to seize and take legal custody of an animal by an
Animal Services Officer because of an infringement of a law or regulation
or at the direction of emergency personal;
(q) "keep" means to have temporary or permanent control, possession or
ownership of an animal, and "keeping" has the same meaning;
(r) "kennel" means a shelter for a dog or cat or an establishment for the
breeding or boarding of dogs or cats;
(s) "Law Enforcement Dog" means a dog trained to assist law enforcement
officers and used by such officers in the execution of their duties;
"leash" shall mean a suitable restraining device physically connecting an
animal to a natural person (human being) that is at all times no more than
three (3) meters or 9.84 feet in length, and the word "leashed" has a
similar meaning;
(u) "license" means a license issued pursuant to this by-law in the form of an
identification tag issued by the Town, or a designate;
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(V)"lot" means a property, lot or parcel of land described in a deed or other
document legally capable of conveying land or shown as a lot or block on
a registered plan of subdivision;
(w) "Manager" means the Manager of Bylaw Services for the Town or his/her
designate;
(x) "Medical Officer" means the Medical Officer of Health for the Region of
York or his/her designate;
(y)"microchip" means an encoded identification device, which is compliant
with any applicable standards, implanted into a dog or cat, which contains
a unique code that permits or facilitates access to an owner's name and
address, which is stored in a central data base;
(z) "Municipal Act" means the MunicipalAct, 2001, s.o. 2001, c.25, as
amended or successor legislation thereto;
(aa) "Municipality" or "Municipalities" means, separately or collectively, the
municipalities of The Corporation of the Town of Aurora, The Corporation
of the Town of Newmarket, and The Corporation of the Town of Georgina;
(bb) "Municipal Pound" means a shelter or place, operated by a Municipality,
where stray, lost, abandoned or surrendered animals are kept;
(cc) "muzzle" a humane fastening or covering device that is strong enough
and well fitted enough to prevent the dog from biting without interfering
with the breathing, panting or vision of the dog or with the dog's ability to
drink, and "muzzling" has a similar meaning;
(dd) "Notice to Muzzle" means a notice containing muzzling requirements,
pursuant to section 13 of this by-law;
(ee) "owner" means any person who possesses or harbours or attends to the
shelter, care or feeding of an animal and, where the owner is a minor,
includes the person responsible for the custody of the minor, and "owns"
and "owned" have similar meaning with respect to an animal;
(ff) "person" includes an individual, a corporation, association and a
partnership;
(gg) "Pet Retailer" means a business establishment that carries on the
business of:
(i) transferring ownership of animals, and/or
(ii) providing goods and services for animals;
(hh) "private property" shall include property owned by a person other than
the municipality or other government agency but shall not include a
property jointly owned as part of a condominium or co-operative;
(ii) "property owner" means any legal registered owner of a property, or a
lot, or any occupier of a property;
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"Service Animal" means an animal that is required by a person with a
disability for assistance and is certified, in writing, as having been trained
by a professional service animal institution to assist a person with a
disability;
(kk) "seize" means take possession and control of any animal or thing for the
purposes of enforcing this by-law;
(II) "temperature" means the temperature as issued by Environment
Canada;
(mm) "tether" means a rope or chain or similar restraining device that is not
connected to a person, that prevents an animal from moving beyond a
localized area, and the words "tethered" or "tethering" have a similar
meaning;
(nn) "Town" means The Corporation of the Town of Aurora;
(oo) "Training Order" means an order containing training requirements,
pursuant to section 5 of this by-law;
(pp) "vehicle" means a motor vehicle, trailer, traction engine, farm tractor,
road-building machine, bicycle and any vehicle drawn, propelled or driven
by any kind of power, including muscular power, but does not include a
bus, streetcar or train used for public transportation;
(qq) "zone" means a zone under to the Zoning By-law;
(rr) "Zoning By-law" means The Zoning By-law of the Town of Aurora, as
amended or successor thereof.
1.2 In this by-law, any references to care, control, ownership, harbouring or keeping
of an animal shall include any joint or shared care, control, ownership, harbouring
and keeping. Any persons that have joint or shared care, control, ownership of,
or are sharing or jointly harbouring or keeping, an animal, shall be jointly and
severally responsible and liable for any such animal and any duties, obligations,
prohibitions, offences and requirements of a person caring, controlling, owning,
harbouring or keeping an animal pursuant to this by-law.
Interpretation and Application of this By-law
2.1 The part and section headings contained throughout this document are for
reference purposes only and do not form a pan of this by-law. This by-law is to
be interpreted without reference to such headings.
2.2 This by-law does not apply to Law Enforcement Dogs and the persons who have
care and control of Law Enforcement Dogs as part of their law enforcement
duties.
Administration of this By-law
3.1 TheDirectorisresponsiblefortheadministrationofthisby-lawandisdelegated
the authority to receive applications and any fees established under this by-law.
The Director is also authorized to issue, refuse to issue or revoke any licenses,
permits or tags, including imposing conditions thereto, in accordance with this by-
law.
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3.2 The Director, Manager and Animal Services Officers of the Town are hereby
delegated the authority to enforce this by-law, including the authority to conduct
inspections pursuant to this by-law, the Municipal Act, as amended, and any
other enacted applicable by-law or legislation.
3.3 The Director is authorized to delegate the powers and responsibilities for the
administration and enforcement of this by-law to any Town staff or external third
parties deemed to be qualified and appropriate by the Director for such purposes.
3.4 Any written warning or order pursuant to this by-law, Training Order, Notice to
Muzzle, or a Dangerous Dog Order may be served by:
(a) hand delivery to the person, or the owner of the animal, subject to such
warning, order or notice, which shall be effective upon service, or
(b) prepaid registered mail to the last known address of the person, or the owner
of the animal, subject to such warning, order or notice, which shall be
deemed to be effective on the fifth (5th) day after the date of mailing.
Part II: Care of Animals
4.Protective Care of Domestic Animals
4.1 The Town may receive or impound domestic animals into protective care for up
to five (5) calendar days at a Municipal Pound as a result of an incarceration, or
as a result of a fire or medical emergency, or for any other situation that the
Manager or an Animal Services Officer deems appropriate.
4.2 No person shall allow a domestic animal to remain in a vehicle unless:
(a) the domestic animal is secured in a manner that prevents contact between
the domestic animal and any member of the public;
(b) the domestic animal has suitable ventilation; and
(c) the domestic animal is not exposed to temperatures which can cause
distress and/or death.
Part Ill: Responsibilities of Dog Owners
5.Training Order
5. 1 Where an Animal Services Officer has reasonable grounds to believe that a dog
may engage in an aggressive act, based on history of behaviour of the dog or
behaviour that has been witnessed by the Animal Services Officer or behaviour
that been reported to the Animal Services Officer by a witness, an Animal
Services Officer may issue an order requiring such dog to receive training in a
form and in a timeline as set out by the Animal Services Officer.
5.2 Where training has been ordered pursuant to subsection 5.1, the owner of such a
dog shall provide proof of compliance with the Training Order to the Town within
the timeline set out in the Training Order.
6.Registration and Licensing
6.1 Everyownerofadogwhichistwelve(12)weeksofageoroJder,shall:
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(a) annually and within seven (7) days of becoming an owner, cause the dog
to be registered, described and licensed with the Town pursuant to this by-
law;
(b) complete an application for a license or for the renewal of a license on the
forms provided by the Town;
(c) unless engaged in permitted hunting, securely affix on the collar of the
dog, the dog tag issued by the Town or its representatives; and
(d) pay the annual license fee set out in the attached Schedule "A" and, in the
event that a dog tag is lost, obtain a replacement tag for the applicable fee
set out in the attached Schedule "A".
6.2 A new resident of the Town of Aurora shall not be required to pay a license fee
for a dog if the license for said dog has already been obtained for the current
year from another municipality to which he or she has previously been a resident,
providing such license is forfeited to the Town or its representatives and payment
is made for the cost of a replacement dog tag at the fee set out in the attached
Schedule "A"
6.3 No person shall:
(a) own, keep, possess or harbour a dog or allow a dog to be owned,
possessed or harboured on his or her premises, unless the license fee,
required by this by-law, has been paid in accordance with the attached
Schedule "A";
(b) own, keep, possess or harbour a dog unless a valid dog tag issued to
such person pursuant to this by-law is kept securely fastened to the dog at
all times, unless exempted by 6.1 (c) of this by-law;
(c) affix a dog tag issued pursuant to this by-law to a dog other than the dog
for which the dog tag has been issued; and
(d) knowingly give false information when applying for a license under this by-
law.
6.4 Notwithstanding the above, the provisions set out under subsections 6.1, 6.2,
and 6.3 shall not apply to Foster Animals that are owned, cared for, kept,
possessed or harboured by a person for a period of no more than six (6) months
from the time of first taking ownership, care, keeping, possession or harbouring
of such a Foster Animal, provided that such person is able to produce
documentation to substantiate the details of the foster care program.
6.5 Where a dog or dogs are kept, possessed or harboured in or at one dwelling unit,
they shall be deemed to be owned by the adult person residing at that dwelling
unit. Where there is more than one adult person residing in a dwelling unit, for
the purposes of this by-law, all such adult persons shall be deemed to jointly own
any dogs in such a dwelling unit and shall be jointly and severally responsible for
such dogs and any license fee(s) as set forth in the attached Schedule "A".
6.6 All licenses and tags issued pursuant to this by-law shall be serially numbered
and a record of their issue shall be kept by the Town. Such registration shall, at a
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minimum, set out the name and address of the owner, the name of the dog and
may contain such other information as may be required by the Manager.
6.7 Every license for a dog issued hereunder is personal to the owner thereof and
may not be assigned or transferred.
Dogs at Large
7.1 No person keeping a dog shall allow the dog to be at large within the
geographical boundaries of the Town of Aurora, unless such dog is confined to a
leash-free park or zone approved or designated by the Town.
7.2 No person shall permit a dog to enter or to be located in any leash-free park or
zone approved or designated by the Town unless such a dog is licensed
pursuant to this by-law or licensed pursuant to a municipal animal licensing
program of another municipality in Ontario.
7.3 Unless otherwise permitted by Town policy, other by-laws or any legislation, no
person keeping a dog shall atlow the dog, other than a Guide Dog or a Service
Animal, to be in or on Town property or Town facilities where posted signs
prohibit such activity or such prohibition is communicated by Town staff in
another manner.
Number of Dogs Restricted
8.1 No person shall have care or control of more than three (3) dogs at any time,
unless permitted by a Dog Walker License.
8.2 No property owner shall keep, possess or harbour or permit to be kept,
possessed or harboured more than three (3) dogs within or about any dwelling
unit unless any dogs in addition to the three (3) in the care or control of the
property owner of the dwelling unit in which the dogs are located are
accompanied by an owner who does not reside at the dwelling unit.
8.3 Notwithstanding the above, a person may take ownership, care, control or keep,
possess or harbour one (1 ) dog above the limit of three (3) set out in subsections
8.1 and 8.2 provided that:
(a) such additional dog is acting as a Guide Dog or Service Animal of such a
person,
(b) such additional dog was obtained or taken into ownership by the person
while such person already owned three (3) other dogs that are licensed
and registered pursuant to section 6, and
(c) the dogs that were taken into ownership, and licensed and registered, prior
to the Guide Dog or Service Animal, continue to be living and being
licensed pursuant to this by-law.
In the case that any of the dogs that were owned, and licenced and registered,
prior to the taking of ownership of the Guide Dog or Service Animal, decease or
cease to be licenced under this by-law, while the Guide Dog or Service Animal is
still in the ownership, custody, keeping or control of the person, the exception
under this subsection will permanently cease to apply with respect to such a
Guide Dog or Service Animal for such a person.
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8.4 Notwithstanding the above, a person may take ownership, care, control or keep,
possess or harbour (1 ) one Foster Animal in addition to the limit of three (3) set
out in subsections 8.1 and 8.2 provided that:
(a) the person is able to produce documentation to the Town to substantiate
the details of the foster care program with regards to such a Foster
Animal, and
(b) such Foster Animal does not stay in the ownership, care, control, keeping,
possession or harbouring of the person for a period of more than six (6)
months from the time of first taking ownership, care, control, keeping,
possession or harbouring of such a Foster Animal.
8.5 No person shall:
(a) permit to enter at any one-time more than three (3) dogs into,
(b) permit a dog that is subject to a Dangerous Dog Order of any Municipality
to enter, or
(c) have care or control at any one-time of more than three (3) dogs in,
any leash-free park or zone approved or designated by the Town.
8.6 Notwithstanding the above, restrictions on the number of dogs set out under
subsections 8.1 and 8.2 shall not apply when such dogs are at:
(a) a veterinary hospital, clinic, office or veterinary service lawfully operated
and supervised by a veterinarian licensed to practice in Ontario;
(b) premises registered as a research facility in accordance with the Animals
For Research Act, R.S.O. 1990, c. A.22, as amended, or any successor
legislation thereto;
(c) a kennel licensed by the Town in accordance with the Town's Licensing
By-law; and
(d) facilities that provide animal services that are legally operated on premises
where the Zoning By-law permits such uses, such as Pet Retailers, pet
shops, obedience schools, and animal daycare, grooming or spa facilities.
Stoop and Scoop
9.1 A person who owns or keeps a dog shall not permit any excrement deposited by
such dog to remain on land or premises owned by the Town or on land or
premises owned by any person, and a person keeping or owning such dog shall
remove such excrement.
10. Seizure and Impounding of Dogs
10.1 AnAnimalServicesOfficermayimpoundanydogfoundtobeatlarge.
51. Return of Impounded Dog to Owner
11.1 Within twenty-four (24) hours of the seizure or impounding of a dog, every
reasonable effort shall be made by Animal Services Officers to notify the owner,
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if known, that the dog is impounded and the conditions whereby custody of the
dog may be reclaimed.
Part IV: Dog Bites and Attacks
12.Prohibition
12. 1 No owner or person keeping a dog shall permit his or her dog to attack, bite or
engage in a fight with any person, domestic animal or any other animal that is
kept or used as a pet by any person.
13.Notice to Muzzle
13.1 WhereanownerisservedwithaNoticetoMuzzle,theownershall:
(a) while on the property of the owner, cause the dog subject to the Notice to
Muzzle to be tethered or confined by a six (6) foot fence in a way that
prevents the dog from going beyond the limits of the owner's property or
being accidentally or intentionally released; and
(b) whenever off the property of the owner, cause the dog subject to the
Notice to Muzzle to be muzzled and leashed, and the owner shall not
permit such a dog to be left in the control of a person under the age of
sixteen (16).
14. Dangerous Dog Order
14.1 Every owner of a dog shall exercise reasonable precautions to prevent the dog
from engaging in a Dangerous Act.
14.2 Without limiting anything in this by-law, an owner of a dog that engages in a
Dangerous Act is liable to prosecution under the Dog Owners' Liability Act,
R.S.0. 1990, c. D.16, as amended.
14.3 Where the Manager has reasonable grounds to believe that a dog has engaged
in a Dangerous Act against a person or domestic animal, the Manager shall, with
respect to such a dog:
(a) where the Dangerous Act is the first on record with a Municipality, serve
the owner of the subject dog with a Notice to Muzzle;
(b) despite paragraph (a), if it is the Manager's opinion that the Dangerous
Act, which is the first on record with a Municipality, is severe, serve the
owner of the dog with a Dangerous Dog Order, requiring the subject dog
to comply with the requirements for owners of a Dangerous Dog under
subsection 14.4 of this by-law;
(c) where the Dangerous Act is the second or a subsequent Dangerous Act
on record with a Municipality, serve the owner of the dog with a
Dangerous Dog Order, requiring the subject dog to comply with the
requirements for owners of a Dangerous Dog under subsection 14.4 of
this by-law;
(d) where the Dangerous Act occurred while the dog was the subject of a
Notice to Muzzle or a control order under the Dog Owners Liability Act,
serve the owner of the dog with a Dangerous Dog Order, requiring the
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subject dog to comply with the requirements for owners of a Dangerous
Dog under subsection 5 4.4 of this by-law.
14.4 Where an owner is served with a Dangerous Dog Order, the owner shall, at the
owner's expense and for the life of the subject dog, ensure that:
(a) the Dangerous Dog is muzzled at all times when off the owner's property;
(b) the Dangerous Dog is not permitted to enter, at any time, into any leash-
free park or zone approved or designated by the Town;
(c) a Dangerous Dog tag is purchased from the Town within ten (10) days of
the order being served on the owner for the fee specified in Schedule "A"
of this by-law and that the Dangerous Dog wears the Dangerous Dog tag
provided by the Town at all times;
(d) awarningsignispostedontheowner'sprivatepropertywithinfifteen(15)
days of the order being served on the owner in the form and location as
required by the Director;
(e) the Dangerous Dog owner information is current, and the owner shall
notify the Town in writing if the dog is transferred to another person within
(5) days of the change of ownership;
(f) the Dangerous Dog is microchipped within thirty (30) days of the order
being served on the owner;
(g) the Dangerous Dog is spayed or neutered within thirty (30) days of the
order being served on the owner;
(h) arrangements are made with the Town to enable the Town to collect
information about the subject dog within thirty (30) days of the order being
served on the owner; and
(i) the applicable Dangerous Dog license fee is paid with respect to licensing
of the subject dog.
14.5 In addition to subsection 14.4, where an owner is served with a Dangerous Dog
Order, the Director may require the dog subject to the order to receive training in
a form and in a timeline as required by the Director.
14.6 An owner shall provide proof of compliance, to the satisfaction of the Director, of
achieving compliance with paragraphs (d) and (f) of subsection 14.4 and, if
applicable, with subsection 14.5.
15. Appeal
15. 1 Where the owner of a dog is served with a Training Order, Notice to Muzzle or a
Dangerous Dog Order, the owner may request a hearing before the Aurora
Appeal Tribunal by delivering a notice to the Clerk in accordance with the
provisions of the Aurora Appeal Tribunal By-law within fifteen (15) calendar days
of deemed receipt of the Training Order, Notice to Muzzle, or the Dangerous Dog
Order.
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15.2 A request for a hearing under subsection 15. 1 does not act as a stay of the
requirements under a Training Order, Notice to Muzzle, or a Dangerous Dog
Order.
15.3 Upon receipt of a notice to appeal a Training Order, Notice to Muzzle, or a
Dangerous Dog Order pursuant to subsection 15.1, the request shall be
processed and handled in accordance with the Aurora Appeal Tribunal By-law.
15.4 After a hearing of an appeal regarding a Training Order, Notice to Muzzle or a
Dangerous Dog Order, the Tribunal may:
(a) confirm the notice or order;
(b) rescind the notice or order, releasing the owner from having to comply with
the requirements of the notice or the order; or
(c) place additional vary or substitute with its own, any requirements that
were placed upon an animal subject to such a notice or order.
15.5 In deciding an appeal of a Training Order, Notice to Muzzle, or a Dangerous Dog
Order, the Tribunal may consider whether the subject dog was acting in self-
defence when the Dangerous Act leading to the order occurred.
15.6 Subject to the provisions of the Aurora Appeal Tribunal By-law, if a request for a
hearing is not provided to the Town Clerk in accordance with the provisions of
the Aurora Appeal Tribunal By-law within fifteen (15) calendar days of deemed
receipt of a Training Order, Notice to Muzzle, or a Dangerous Dog Order, such a
Training Order, Notice to Muzzle, or a Dangerous Dog Order is deemed to be
final.
16.Noise
No person shall keep, own, possess, harbour any dog in the Town which makes
or causes noises, repetitive or persistent barking, or howling that disturbs or is
likely to disturb the quiet, rest, enjoyment, or comfort of any person in the vicinity
or neighbourhood.
Part V: Cats
17. Registration and Licensing
17.1 Everyownerofacatwhichistwelve(12)weeksofageandolder,shall:
(a) annually and within seven (7) days of becoming an owner, cause the cat
to be registered, described and licensed with the Town pursuant to this by-
law;
(b) complete an application for a license or for the renewal of a license on the
forms provided by the Town;
(c) securely affix on the collar of the cat, the cat tag issued by the Town or its
representatives; and
(d) pay the annual license fee set out in Schedule "A" hereto and, in the event
that a cat tag is lost, obtain a replacement tag for the applicable fee set
out in Schedule "A" hereto.
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17.2 A new resident of the Town shall not be required to pay a license fee for a cat if
the license for said cat has already been obtained for the current year from
another municipality to which he or she has previously been a resident, providing
such license is forfeited to the Town or its representatives and payment is made
for the cost of a replacement tag at the fee set out in Schedule "A" hereto.
17.3 No person shall:
(a) own, keep, possess or harbour a cat in the Town of Aurora, or allow a cat
to be owned, kept, possessed or harboured on his or her premises, unless
the license fee, required by this by-law, has been paid in accordance with
Schedule "A" hereto;
(b) own, keep, possess or harbour a cat unless a valid cat tag is kept securely
fastened to the collar of the cat;
(c) affix a cat tag pursuant to this by-law to a cat other than the cat for which
the cat tag has been issued; and
(d) knowingly give false information when applying for a license under this by-
law.
17.4 Notwithstanding the above, the provisions set out under subsections 17. 1, 17.2,
and 17.3 shall not apply to Foster Animals that are owned, cared for, kept,
possessed or harboured by a person for a period of no more than six (6) months
from the time of first taking ownership, care, keeping, possession or harbouring
of such a Foster Animal, provided that such person is able to produce
documentation to substantiate the details of the foster care program.
17.5 Where a cat or cats are kept, possessed or harboured in or at a dwelling unit
within the Town of Aurora, they shall be deemed to be owned by the adult person
residing at that dwelling unit. Where there is more than one adult person residing
in a or dwelling unit, for the purposes of this by-law, all such adult persons shall
be deemed to jointly own any cats in dwelling unit and shall be jointly and
severally responsible for such cats and any license fee(s) as set forth in
Schedule "A" hereto.
17.6 All licenses and tags issued pursuant to this by-law shall be serially numbered
and a record of their issue shall be kept by the Town. Such registration shall, at a
minimum, set out the name and address of the owner, the name of the cat and
may contain such other information as may be required by the Manager.
1 7.7 Every license for a cat issued hereunder is personal to the owner thereof and
may not be assigned or transferred.
18.Number of Cats Restricted
18.1 Nopersonshallhavecareorcontrolofmorethanfour(4)catsatanytime.
18.2 No property owner shall keep, possess or harbour or permit to be kept,
possessed or harboured more than four (4) cats within or about any dwelling unit
unless any cats in addition to the four (4) in the care or control of the property
owner of the dwelling unit in which the cats are located are accompanied by an
owner who does not reside at the dwelling unit.
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18.3 Notwithstanding the above, a person may take ownership, care or keep, possess
or harbour one (1 ) cat above the limit of four (4) set out in subsections 18. 1 and
5 8.2 provided that:
(a) such additional cat is acting as a Service Animal of such a person,
(b) such additional cat was obtained or taken into ownership by the person
while such person already owned four (4) other cats that are licensed and
registered pursuant to section 6, and
(c) the cats that were taken into ownership, and licensed and registered, prior
to the Service Animal, continue to be living and being licensed pursuant to
this by-law.
In the case that any of the cats that were owned, and licenced and registered,
prior to the taking of ownership of the Service Animal, decease or cease to be
licenced under this by-law, while the Service Animal is still in the ownership,
custody, keeping or control of the person, the exception under this subsection will
permanently cease to apply with respect to such a Service Animal for such a
person.
18.4 Notwithstanding the above, a person may take ownership, care or keep, possess
or harbour (1 ) one Foster Animal in addition to the limit of four (4) set out in
subsections 18.1 and 18.2 provided that:
(a) the person is able to produce documentation to the Town to substantiate
the details of the foster care program with regards to such a Foster
Animal, and
(b) such Foster Animal does not stay in the ownership, care, keeping,
possession or harbouring of the person for a period of more than six (6)
months from the time of first taking ownership, care, control, keeping,
possession or harbouring of such a Foster Animal.
18.5 Notwithstanding the above, restrictions on the number of cats set out under
subsections 18.1 and 18.2 shall not apply to:
(a) a veterinary hospital, clinic, office or veterinary service lawfully operated
and supervised by a veterinarian licensed to practice in Ontario;
(b) premises registered as a research facility in accordance with the Animals
For Research Act, R.S.0. 1990, c. A.22, as amended, or any successor
legislation thereto;
(c) a kennel licensed by the Town in accordance with the Town's Licensing
By-law; and
(d) facilities that provide animal services that are legally operated on premises
where the Zoning By-law permits such uses, such as Pet Retailers, pet
shops, obedience schools, and animal daycare, grooming or spa facilities.
19. Cats at Large
19.1 NopersonkeepingacatshallpermitsuchacattobeatlargewithintheTownor
allow such cat to cause damage or create a nuisance or disturbance to another
person, or another person's property, or to public property.
By-law Number 6197-19 Page 14 of 20
20. Seizure and Impoundment of Cats
20.1 An Animal Services Officer may seize and impound:
(a) any cat found to be at large;
(b) any cat causing damage or creating a nuisance or disturbance to a
person, or another person's property, or to public property.
20.2 A record of every cat impounded or seized shall be kept, inctuding the date it was
impounded, a description of the cat, the license and tag number if it wore a tag,
and the date of disposition and the disposition made.
21. Return of Impounded Cats
21.1 Within twenty-four (24) hours of the impounding of a cat, every reasonable effort
shall be made by Animal Services Officers to notify the owner, if known, that the
cat is impounded and the conditions whereby custody of the cat may be
regained.
Part Vl: Licensing
22. Business Licensing
22.1 Any person conducting business as a Dog Walker shall be licensed pursuant to
Town's Licensing By-law.
22.2 Any business operating as a Pet Retailer shall be licensed pursuant to Town's
Licensing By-law.
22.3 Any business operating as a kennel boarding facility both temporary or long term
housing or pet grooming facility shall be licensed pursuant to Town's Licensing
By-law if required to be licensed therein.
23. Animal Licensing
23.1 The Director, or a delegate, shall issue such licenses or renewals, along with any
tags, when an application is made in accordance with this by-law with respect to
a domestic animal, provided that the applicant provides all the information and
documentation required under this by-law, the appropriate fees and the
ownership or keeping of such an animal is in compliance with the provisions of
this by-law and any other animal services legislation.
Part Vll: Other Animals, Destruction and Sourcing
24.Permitted Animals
24.1 Noperson,beingapropertyownerortenantofadwellingunit,shallkeep,
possess, own or harbour, or permit to be kept, possessed, owned or harboured
any animal other than an animal listed in Schedule "B" of this by-law.
24.2 Notwithstanding subsection 24.1, any person keeping, possessing, owning,
harbouring or keeping any animal in the Town may only do so if it is in
compliance with the Town's Zoning By-law and any other applicable Town by-
law.
By-law Number 6197-19 Page 15 of 20
24.3 For the purposes of this section 24, any animal which is a hybrid shall be
classified as not being a permitted animal if it was created from an animal, or any
part of an animal, or is any part of an animal that is not permitted under this
section.
25. Euthanasia
25.1 Any animal which is found to be rabid, injured, or suffering from other infectious
disease, at the discretion of the Medical Officer or Director in consultation with a
veterinarian, may be humanely euthanized by the Town or Town agents in
accordance with any applicable legislation.
26. Animal Sourcing for Pet Retailers
26.1 Pet Retailers are only permitted to provide, or sell, cats and dogs through
facilitating an adoption from a Municipal Pound, a registered rescue group or a
registered humane society.
27. Grandfathermg
27.1 Notwithstanding anything in this by-law, any animals that were legally (in
compliance with any Town by-laws and any provincial or federal laws in force at
the time) owned, kept or possessed by a person in the Town of Aurora at the
time of enactment of this by-law may continue to be owned, cared for, controlled,
kept, possessed or harboured by such person in the Town of Aurora so long as
the animal continues to live and it can be shown on a balance of probabilities that
such animal was legally owned, kept or possessed by a person in the Town of
Aurora at the time of enactment of this by-law. For further clarity, any animals
that become prohibited following the passage of this by-law and are being
owned, kept or possessed in the Town of Aurora pursuant to this section, cannot
be transferred from the person that owned, kept or possessed the animal prior to
the passage of this by-law.
Part Vlll: Offences, Inspections and Powers of Entry
28. Power of Entry, Inspections, Prohibitions
28.1 The Director, Manager or an Animal Services Officer may at any reasonable time
enter upon any land for the purpose of carrying out an inspection to determine
whether the following are being complied with:
(a) this by-law;
(b) any direction or order under this by-law;
(c) any condition on a permit issued under this by-law; or
(d) an order issued under section 431 of the Municipal Act.
28.2 Where an inspection is conducted pursuant to this section, the Director, Manager
or an Animal Services Officer may:
(a) require the production for inspection of documents or things relevant to the
inspection;
By-law Number 6197-19 Page 16 of 20
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
28.3 No person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
28.4 No person shall contravene any order or direction issued by the Town pursuant
to this by-law or the Municipal Act.
28.5 Where the Director, Manager or an Animal Services Officer has reasonable
grounds to believe that an offence has been committed by any person, they may
require the name, address and proof of identity of that person, and the person
shall supply the required information.
28.6 No person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town pursuant to
this by-law.
28.7 No person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
29. Order
29.1 Where the Director, Manager or any Animal Services Officers is satisfied that a
contravention of this by-law or a permit has occurred, such Director, Manager or
Animal Services Officer may make an order requiring that the person who caused
or permitted such contravention, or the property owner of the land on which the
contravention occurred, to discontinue the contravening activity and/or to do work
to correct the contravention.
29.2 An order pursuant to subsection 29.1 shall set out the following:
(a) the municipal address and/or the legal description of the land or premises
on which the contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the person subject to the order;
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done;
(e) if any work is required to be done, a statement that if such work is not
done in compliance with the order and within a specified time period, the
Town will have the work done at the expense of the person directed or
required to do it; and
By-law Number 6197-19 Page 17 of 20
(f)information regarding the Town's contact person.
30. Remedial Action and Cost Recovery
30.1 Whereverthisby-laworanorderissuedunderthisby-lawdirectsorrequiresany
matter or thing to be done by any person within a specified time period, in default
of it being done by the person directed or required to do it, the action may be
taken under the direction of the Director, Manager or an Animal Services Officer
at that person's expense and the Town may recover the costs incurred through a
legal action or by recovering the costs in the same manner as taxes.
30.2 For the purposes of taking remedial action under subsection 30.1, the Town, its
staff and/or its agents, the Director, Manager or an Animal Services Officer, may
enter, at any reasonable time, upon any lands on which a default to carry out a
required thing or matter occurred.
31. Offence
31.1 Every person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act
R.S.0. 1990, c. P. 33. '
31.2 No person shall contravene any order, permit, license or direction of Town issued
pursuant to this by-law or the Municipal Act.
31.3 Pursuant to subsection 429(2) of the Municipal Act, all contraventions of this by-
law or orders issued under this by-law are designated as multiple offences and
continuing offences. A multiple offence is an offence in respect of two (2) or more
acts or omissions each of which separately constitutes an offence and is a
contravention of the same provision of this by-law.
31.4 In addition to fines under this section, a person convicted of an offence under this
by-law may be liable to a special fine in the amount of the economic advantage
or gain that such a person obtained from the contravention of this by-law.
32. Presumption of Ownership and Residence
32.1 An owner shall be presumed to be in the care and custody of a domestic animal
at all times, which presumption may be rebutted by evidence to the contrary on a
balance of probabilities.
32.2 A person found to be within a dwelling unit shall be presumed to be residing
within such dwelling unit, which presumption may be rebutted by evidence to the
contrary on a balance of probabilities.
Part IX: General Provisions
33. If any provision of this by-law or the application thereof to any person or
circumstance is held to be invalid by a court of competent jurisdiction, the
invalidity does not affect other provisions or applications of this by-law which can
be given effect without the invalid provision or application, and to this end the
provisions of this by-law are severable.
34. Where there is a conflict or inconsistency between the provisions this by-law and
any other by-laws of the Town with respect to animal services or any orders,
By-law Number 6197-19 Page 18 of 20
notices or designations or appeal provisions pursuant to the provisions of this by-
law, this by-law shall prevail.
35. By-law Number 6027-17 be and is hereby repealed.
36. For the purpose of transition to this by-law, any licenses issued pursuant to by-
law 6027-17 prior to the effective date of this by-law shall remain effective and be
subject to the provisions of this by-law.
37. The following Schedules attached to this by-law form and are part of this by-law:
(a) Schedule "A" - Fees;
(b) Schedule "B" - Permitted Animals.
38. This by-law shall be known and may be cited as the "Animal Services By-law".
Enacted by Town of Aurora Council this 23rd day of July, 2019
om Mrakas, Mayor
Michael de Rond, Town Clerk
By-law Number 6197-19 Page 19 of 20
Schedule "A" - Fees
1.Cat License Fees
(1 ) Regular License Fee $20.00
(2) License Fee for Cat Owned by Resident
Fifty-Five (55) Years of Age or Older $10.00
2.Dog License Fees
(1) RegularLicenseFee $30.00
(2) License fee for "Dangerous Dog"$100.00
(3) Regular License Fee for Dog Owned by
ResidentFifty-Five(55)YearsofAgeorOlder $15.00
(4) License Fee for Guide Dog or Service Animal No fee with
proper documents
3.Impound Fees
(1 ) First Impound $20.00
(2) Second Impound $30.00
(3) Third Impound $50.00
(4) Daily Maintenance Fee $15.00
4.Replacement Fee for Lost Cat or Dog Tag $5.00
By-law Number 6197-19 Page 20 of 20
Schedule "B" - Permitted Animals
Only the following animals are permitted in Town, subject to the restrictions set out below:
* agricultural livestock
o only animals that are raised in an agricultural setting to produce farming
labour or agricultural commodities are permitted
* amphibians
o only amphibians of the non-poisonous type are permitted
arachnids
o only arachnids of the non-venomous type and not from the
theraphosidae (tarantulas) family of spiders are permitted
birds
o birds are only permitted in compliance with any provincial and federal
laws
cats
chinchilla
dogs
domestic Mice
domestic Rabbit
domestic Rats
equine
ferret
fish
o fish are only permitted in compliance with any provincial and federal
laws
gerbil
guinea pig
hamster
* hedge hog
reptiles
o only reptiles of the non-poisonous and non-venomous type that do not
exceed 30 centimetres or 12 inches in length at maturity are permitted
snakes
o only snakes of the be non-venomous and non-constrictive type that do
not exceed 45 centimeters or 18 inches at maturity are permitted