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Authority: Item 1, Planning Committee Report 11-020(a) (PED09303(c)) CM: January 25, 2012 Bill No. 031 CITY OF HAMILTON BY-LAW NO. 12-031 For Responsible Animal Ownership in the City of Hamilton WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001 authorize the City of Hamilton to pass by-laws necessary or desirable for municipal purposes, and in particular paragraphs 5, 8 and 9 of subsection 10(2) authorize by-laws respecting: the economic, social and environmental well-being of the municipality; the protection of persons and property; and animals; AND WHEREAS subsection 8(3) of the Municipal Act, 2001 provides that a by-law under section 10 of that Act respecting a matter may regulate or prohibit and, as part of the power to regulate or prohibit respecting the matter, may require a person to do things respecting the matter, or may provide for a system of licences respecting the matter; AND WHEREAS subsection 103(1) of the Municipal Act, 2001 provides that if a by-law is passed regulating or prohibiting with respect to the being at large of animals, the by-law may provide for the seizure and impounding of animals being at large and the sale of impounded animals; AND WHEREAS section 425 of the Municipal Act, 2001 authorizes the City of Hamilton to pass by-laws providing that a person who contravenes a by-law of the City of Hamilton passed under that Act is guilty of an offence;

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Authority: Item 1, Planning CommitteeReport 11-020(a) (PED09303(c))CM: January 25, 2012

Bill No. 031

CITY OF HAMILTON

BY-LAW NO. 12-031

For Responsible Animal Ownership in the City of Hamilton

WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001 authorize the City of Hamilton to

pass by-laws necessary or desirable for municipal purposes, and in particular paragraphs 5,

8 and 9 of subsection 10(2) authorize by-laws respecting: the economic, social and

environmental well-being of the municipality; the protection of persons and property; and

animals;

AND WHEREAS subsection 8(3) of the Municipal Act, 2001 provides that a by-law under

section 10 of that Act respecting a matter may regulate or prohibit and, as part of the power

to regulate or prohibit respecting the matter, may require a person to do things respecting the

matter, or may provide for a system of licences respecting the matter;

AND WHEREAS subsection 103(1) of the Municipal Act, 2001 provides that if a by-law is

passed regulating or prohibiting with respect to the being at large of animals, the by-law may

provide for the seizure and impounding of animals being at large and the sale of impounded

animals;

AND WHEREAS section 425 of the Municipal Act, 2001 authorizes the City of Hamilton to

pass by-laws providing that a person who contravenes a by-law of the City of Hamilton

passed under that Act is guilty of an offence;

For Responsible Animal Ownership in the City of HamiltonPage 2 of 26

AND WHEREAS the Municipal Act, 2001 further authorizes the City of Hamilton, amongst

other things, to delegate its authority, to impose fees or charges, to provide for inspections,

and to make orders to discontinue activity or to do work;

AND WHEREAS the City of Hamilton Act, 1999 did incorporate, as of January 1, 2001, the

municipality "City of Hamilton";

AND WHEREAS the City of Hamilton is successor to the following former area municipalities:

The Corporation of the Town of Ancaster, The Corporation of the Town of Dundas, The

Corporation of the Town of Flamborough, The Corporation of the Township of Glanbrook,

The Corporation of the City of Hamilton, and The Corporation of the City of Stoney Creek;

and the successor to the former Regional Municipality of Hamilton Wentworth;

AND WHEREAS the City of Hamilton Act, 1999 provides that the by-laws of the former area

municipalities and the former Regional Municipality of Hamilton Wentworth remain in force, in

respect of the part of the municipal area to which they applied on December 31, 2000, until

they expire or are repealed or amended to provide otherwise;

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

PART 1.0 - Definitions

1.1 In this By-law:

"animal" means any member of the animal kingdom, other than a human;

"at large" means not on a leash and under the control of some person;

"bees" means the insects known as Apis mellifera;

"bite" in all of its forms means the breaking, puncturing or bruising of the skin of a person or

domestic animal caused by the tooth or teeth of a dog;

"cat" means a male or female of the species felis catus and does not include any hybrid of

felis catus;

"City" means the municipality of the City of Hamilton or the geographic area of the City of

Hamilton as the context requires;

"Council" means the council of the City of Hamilton;

For Responsible Animal Ownership in the City of HamiltonPage 3 of 26

"dog" means a male or female of the species canis familiarus and does not include any

hybrid of canis familiarus;

"farm" means an agricultural operation as defined in the Farming and Food Production

Protection Act, 1998 and includes such an operation that is not carried on with the

expectation of gain but otherwise meets the definition in that Act;

"keep" in all its forms, includes care, control or possession whether temporary or permanent;

"kennel" means a commercial establishment, licensed or required to be licensed under

Schedule 7 of the Licensing By-law No. 07-170, for the keeping or boarding for more

than 16 consecutive hours or the breeding of animals that are used or are intended to

be used as pets;

"leash" means a restraint not exceeding 2.4 metres in length;

"livestock" means cattle, goats, horses, sheep, swine, poultry, fur-bearing animals, bees,

cultured fish, deer, elk, game animals or birds grown, produced or raised as part or all

of a farm on premises zoned under a City zoning by-law permitting such a use;

"microchip" means an approved Canadian Standard encoded identification device implanted

into an animal which is programmed to store a unique and permanent identification

number that permits access to owner information which is stored in a central

database;

"mitigating factor" means a circumstance which excuses aggressive behaviour of a dog

and, without limiting the generality of the foregoing, may include circumstances where:

(a) the dog was, at the time of the aggressive behaviour, acting in defence to an

attack by a person or domestic animal;

(b) the dog was, at the time of the aggressive behaviour, acting in defence of its

young or reacting to a person or a domestic animal trespassing on the property

of its owner; or

(c) the dog was, at the time of the aggressive behaviour, being teased, provoked,

or tormented;

"muzzle" in all of its forms means a humane fastening placed over a dog's mouth of

adequate strength to prevent it from biting;

"Officer" means a person appointed by the City of Hamilton or assigned by the Poundkeeper

to enforce this By-law;

For Responsible Animal Ownership in the City of HamiltonPage 4 of 26

"owner" in all of its forms, when used in relation to an animal, includes a person who keeps

an animal and, where the person is under the age of 18, the person responsible for

the custody of the person under the age of 18;

"pet shop" means a commercial establishment, licensed or required to be licensed under

Schedule 7 of the Licensing By-law No. 07-170, for the selling or offering for sale of

animals that are used or are intended to be used as pets;

"pit bull" has the same meaning for the purposes of this By-law as it has for the purposes of

the Dog Owners' Liability Act;

"police animal" means an animal trained to aid police officers and used by police officers

when carrying out their duties;

"pound" means premises that are operated by the City used for the detention, maintenance

or disposal of animals, namely the premises located at 247 Dartnall Road, Hamilton

and any additional premises used for the detention, maintenance or disposal of

animals that may be operated by the City or. its contractors from time to time;

"Poundkeeper" means the City's Senior Director of Parking and By-law Services and his or

her designate or successor;

"premises" means a building or a part of a building and any land appurtenant to the building

or part of the building and includes a vacant lot;

"prohibited pit bull" has the same meaning for the purposes of this By-law as it has for the

purposes of the Dog Owners' Liability Act;

"redemption period" means that period of time within which the owner of an animal that has

been impounded in the pound has the right to redeem it;

"restricted pit bull" has the same meaning for the purposes of this By-law as it has for the

purposes of the Dog Owners' Liability Act;

"rural or agricultural premises" means:

(a) premises located in a rural or an agricultural zone permitted under the City's

zoning by-laws;

(b) premises located in a Rural Settlement Area as shown on Map A to Map S

attached as Appendix 1 that are 0.2 hectare (.5 acre) or more in area; or

(c) a farm;

"service animal" means an animal that:

For Responsible Animal Ownership in the City of HamiltonPage 5 of 26

(a) has successfully completed training by a recognized school for service as a

guide animal for the visually or hearing impaired or a special skills animal for

other disabled persons; and

(b) is performing the service for which it was trained;

"sterilized" means spayed or neutered;

"under the control of some person" includes capable of immediate custody or restraint;

and

"Vietnamese pot-bellied pig" means a Vietnamese pot-bellied pig lawfully kept on February

8, 2012.

PART 2.0 - Interpretation

2.1 For the purpose of this By-law, a use permitted under a City zoning by-law is deemed

to include a use excepted from a City zoning by-law under paragraph 34(9)(a) of the

Planning Act.

2.2 The requirements of this By-law are in addition to requirements contained in any other

applicable by-laws of the City or applicable provincial or federal statutes or

regulations.

2.3 If there is a conflict between a provision of this By-law and any other by-law of the City

or a provincial or federal statute or regulation, the most restrictive in relation to the

regulation of animals prevails.

PART

3.1

3.2

3.0 - Scope

The provisions of this By-law apply to the entire geographic area of the City.

Despite section 3.1, the provisions of this By-law do not apply to:

(a)(b)

(c)(d)(e)

the premises of a pound;

premises used by the Ontario Society for the Prevention of Cruelty to Animals

or an affiliated society;

a supply facility licensed in accordance with the Animals for Research Act;

a research facility registered in accordance with the Animals for Research Act;

an animal hospital or clinic operated and supervised by a veterinarian who has

a licence to practise veterinary medicine issued under the Veterinarians Act;

(0(g)

(h)

(i)O)

(k)

(i)

(m)(n)(o)

For Responsible Animal Ownership in the City of HamiltonPage 6 of 26

a university or college;

livestock, except where livestock is at large as set out in sections 7.1 and

7.3;

a horse boarded or trained as part or all of an agricultural use on premises

zoned under a City zoning by-law permitting such a use, except where a horse

is at large as set out in sections 7.1 and 7.3;

bees;

any display held by an agricultural or horticultural organization incorporated

under the Agricultural and Horticultural Orqanizations Act including but not

limited to a fair, exhibition or competition held by the Binbrook Agricultural

Society, Rockton Agricultural Society or Ancaster Agricultural Society;

a temporary public display of animals including a circus, carnival or classroom

display;

the aviary located at 85 Oak Knoll Drive in Churchill Park or as it may be re-

located to other City premises;

the African Lion Safari located at 1386 Cooper Road;

Flamboro Downs located at 967 Highway #5 West; or

the Mountsberg Wildlife Centre located at 2259 Milborough Line.

PART

4.1

4.2

4.0 - Licensing of Dogs and Vietnamese Pot-Bellied Pigs

No person shall own a dog or a Vietnamese pot-bellied pig without a current, valid

licence for the dog or the Vietnamese pot-bellied pig.

The owner of a dog or a Vietnamese pot-bellied pig applying for a licence shall

submit to the Poundkeeper a properly completed application together with the

applicable licence fee. The application shall include the following:

(a) the name, address and telephone number of the dog or the Vietnamese pot-

bellied pig owner;

(b) the name, colour and sex of the dog or the Vietnamese pot-bellied pig;

(c) if the animal is a dog, its breed;

(d) the address of the premises where the dog or the Vietnamese pot-bellied pig

is to be kept in the City;

4.3

4.4

4.5

4.6

4.7

4.8

For Responsible Animal Ownership in the City of HamiltonPage 7 of 26

(e) the date of the dog or the Vietnamese pot-bellied pig's most recent rabies

vaccination;

(f) if the animal is a Vietnamese pot-bellied pig, the date of its most recent

erysipelas vaccination;

(g) if applicable, the details of the dog or the Vietnamese pot-belled pig's

microchip identification;

(h) if the animal is a Vietnamese pot-bellied pig, proof satisfactory to the

Poundkeeper that it has been detusked;

(i) if the dog is a pit bull, proof satisfactory to the Poundkeeper that it is a

restricted pit bull; and

(j) such additional information as may be required by the Poundkeeper.

Every owner of a dog or a Vietnamese pot-bellied pig shall notify the Poundkeeper

immediately of any change in:

(a) the name, address or telephone number of the dog or the Vietnamese pot-

bellied pig owner;

(b) the address of the premises where the dog or the Vietnamese pot-bellied pig

is to be kept in the City;

(c) the ownership of the dog or the Vietnamese pot-bellied pig.

A licence issued under this By-law shall expire one year from the date of issuance as

shown on the licence.

No licence issued under this By-law shall be valid unless the applicable licence fee

has been paid in full.

Every person who owns a licensed dog or a licensed Vietnamese pot-bellied pig

shall ensure that they renew the licence before it expires.

In the event the owner of a licensed dog or a licensed Vietnamese pot-bellied pig

fails to renew the licence before it expires, they shall pay, in addition to the applicable

licence fee, the applicable late payment fee.

Where a licence is renewed, before or after its date of expiry, the date of issuance as

shown on the renewed licence shall be one year from the date of issuance as shown

on the expired licence.

4.9

4.10

4.11

4.12

4.13

4.14

4.15

4.16

4.17

For Responsible Animal Ownership in the City of HamiltonPage 8 of 26

Despite any other provision under this By-law, no owner, upon providing proof

satisfactory to the Poundkeeper, shall pay a fee for a licence issued for a dog that is

a police animal or a service animal.

An application for a licence for:

(a) a Vietnamese pot-bellied pig, except for a Vietnamese pot-bellied pig lawfully

kept on February 8, 2012; or

(b) a prohibited pit bull,

shall not be processed and shall be returned to the applicant.

Despite section 4.1, no licence shall be required under this By-law for:

(a) a dog which has not been weaned and which is under the age of 12 weeks; or

(b) a dog which is temporarily kept at a kennel, if the dog, when not being kept at

the kennel, is kept at premises located outside of the City.

Where a licence is issued under this By-law, the owner of the dog or the Vietnamese

pot-bellied pig shall be given a licence number and an identification tag.

Every owner shall ensure that the identification tag corresponding to the licence

issued for their dog or their Vietnamese pot-bellied pig is attached to the dog or the

Vietnamese pot-bellied pig at all times.

Despite section 4.13, the identification tag is not required to be attached to a dog that

is being lawfully used for hunting.

No person shall attach an identification tag to a dog or a Vietnamese pot-bellied pig

for which the corresponding licence was not issued.

Every owner of a dog or a Vietnamese pot-bellied pig shall ensure that a lost

identification tag is replaced immediately.

The owner of a dog or a Vietnamese pot-bellied pig applying for a replacement

identification tag shall submit to the Poundkeeper a properly completed application

together with the applicable fee.

Poundkeeper that a current,

Vietnamese pot-bellied pig.

The application shall include proof satisfactory to the

valid licence has been issued for the dog or the

4.18 Part 4, with all necessary modifications, applies to any owner with a current, valid

multiple dog licence, referred to as a "Flat rate licence" in the User Fees and Charges

For Responsible Animal Ownership in the City of HamiltonPage 9 of 26

By-law, on February 8, 2012 until the dogs licensed under the multiple dog licence

have died or are otherwise disposed of.

4.19 The Poundkeeper may revoke any licence issued in error.

PART

5.1.

5.2

5.3

5.4(1)

(2)(a)

5.0 - Number of Animals

For the purposes of Part 5.0, "animal" does not include a pigeon.

For the purposes of section 5.3, "premises" does not include rural or agricultural

premises.

No person shall keep or permit to be kept on any one premises owned or occupied

by them more than any combination of four animals.

Despite section 5.3, a person:

(a) who is lawfully keeping more than the maximum number of animals may

continue to keep the animals until the animals have died or are otherwise

disposed of if the person otherwise complies with this By-law;

(b) may keep an animal:

(i) following the birth of the animal until the age of 12 weeks;

(ii) on premises licensed as a kennel or a pet shop under the City's

Licensing By-law No. 07-170;

(iii) if the premises where they keep the animal has been approved by the

Poundkeeper in advance as an animal foster home.

Approval of an animal foster home under subparagraph 5.4(1)(b)(iii) may be

given by the Poundkeeper after submission of a properly completed

certification, accompanied by the applicable fee.

(b) The person submitting the certification under paragraph 5.4(2)(a) shall certify

that:

- he or she will at all times operate and be responsible for the animal

foster home

- he or she will comply with this By-law and all other applicable statutes,

regulations and by-laws when operating the animal foster home

- the animal foster home will operate on a not-for-profit basis

- the animal foster home will provide temporary care for the animals

For Responsible Animal Ownership in the City of HamiltonPage 10 of 26

the animals will be adopted out to appropriately screened owners

the Poundkeeper will be informed immediately of any change

operation of the animal foster home

such additional information as may be required by the Poundkeeper

in the

PART6.1

6.2

6.3

6.4

6.5

6.0 - Keeping Pigeons

Despite the repeal of a by-law under section 14.1, the by-law shall continue to apply in

respect of pigeons except, if there is conflict between section 6.2 to 6.8 and a

provision of the by-law, the provision that is more restrictive prevails.

Every owner of a pigeon shall ensure that the pigeon is banded with an identifying leg

band issued by the Canadian Racing Pigeon Union Inc. or the Canadian Pigeon

Fanciers' Association.

Every owner of a pigeon shall keep it in a pigeon enclosure located in a rear yard

that, in addition to complying with sections 7.10 and 7.11:

(a) is adequate for the size and breed of pigeon;

(b) has an unobstructed space between the ground and the underside of the floor

of not less than 30 centimetres;

(c) is located not less than:

(i) 3 metres from the boundary line of; or

(ii) 10 metres from,

any premises containing a school, church, public hall, store, dwelling or

premises used for human habitation, other than premises used exclusively by

the owner of the pigeon; and

(d) has its inside walls and ceilings, except walls and ceilings constructed of wire,

lime-washed, painted or disinfected at least twice yearly.

Every owner of a pigeon shall ensure that all food for the pigeon is kept in air-tight,

rodent-proof containers.

No owner of a pigeon shall feed or shall permit a person to feed their pigeon when the

pigeon is outside a pigeon enclosure.

6.6

6.7

6.8

For Responsible Animal Ownership in the City of HamiltonPage 11 of 26

Every owner of a pigeon shall ensure that all pigeon droppings, refuse and dropped or

scattered feed on the owner's premises are removed and disposed of at least twice

each week.

Despite section 7.3, every owner of a pigeon shall ensure that the pigeon is kept in

the pigeon enclosure at all times except during:

(a) a maximum of two flights daily:

(i) before 9:00 a.m. or after 5:00 p.m. from April 1 to September 30 in any

one year;

(ii) before 10:00 a.m. or after 3:00 p.m. from October 1 in any one year to

March 31 in the following year; or

(b) a flight conducted by the Canadian Racing Pigeon Union Inc. or the Canadian

Pigeon Fanciers' Association.

Each flight under subsection 6.7(a) shall:

(a) include no more than one half of the total number of pigeons being kept by the

owner; and

(b) be supervised by the owner or by a competent person on the owner's behalf.

PART 7.0 - Prohibiting Animals at Large, etc.

7.1 For the purposes of section 7.3, "animal" includes livestock or a horse.

7.2 For the purposes of subsection 7.3(b), "premises" does not include any part of:

(a) non-residential or residential premises that serve as common areas for

occupiers or owners; or

(b) non-residential premises that are open to the public.

7.3 No owner of a dog, cat or other animal shall permit that the dog, cat or other animal

to be at large, except when the dog, cat or other animal is:

(a) on premises owned or occupied by the owner; or

(b) on premises owned or occupied by a person who has given prior consent.

7.4 Despite section 7.3, a dog, except a restricted pit bull or a dog designated as

potentially dangerous or dangerous, may be unleashed if:

(a) the dog is under the control of the owner or a competent person on the

owner's behalf and both the dog and the person are within:

(b)

For Responsible Animal Ownership in the City of HamiltonPage 12 of 26

Birch Avenue Dog Park (Ward 3 - South East Corner of 330 Wentworth

Street), as shown in the attached Appendix 2 on Map A, from 5 p.m. to

11 p.m. Monday to Friday and from 6 a.m. to 11 p.m. Saturday and

Sunday;

Chegwin Park (Ward 13 - 27 Chegwin Street), as shown in the attached

Appendix 2 on Map B, from 6 a.m. to 11 p.m. every day;

Harmon South Open Space (Ward 6 - Part of 1450 Rymal Road East, South

Portion), as shown in the attached Appendix 2 on the Map C, from 6

a.m. to 11 p.m. every day;

Hill Street Park (Ward 1 - 13 Hill Street), as shown in the attached Appendix 2

on Map D, from 6 a.m. to 11 p.m. every day; or

Little John Park (Ward 13 - 110 Little John Road), as shown in the attached

Appendix 2 on Map E, from 6 a.m. to 11 p.m. every day; and

the owner or the competent person on the owner's behalf complies with the

Rules and Regulations for Leash Free Parks set out in section 7 of the City's

Leash Free Parks Policy, as amended or replaced from time to time and, posted

in the Leash Free Parks.

7.5 Despite section 7.3,

(a)

7.6

a dog, except a restricted pit bull or a dog designated as potentially'

dangerous or dangerous, is deemed not to be at large if it is lawfully being

used for hunting;

(b) a pigeon is deemed not to be at large if it is participating in a flight permitted

under section 6.7;

(c) a raptor is deemed not to be at large if it is lawfully being used for hunting or

bird control.

No owner of a dog shall permit the dog to be outdoors on premises as described

under subsections 7.3(a) and 7.3(b) except where the dog is:

(a) contained in an enclosure or fenced area, including an area enclosed by

(b)(c)

electronic fencing known as invisible fencing;

restrained by a chain or other restraint no less than 3 metres in length; or

under the control of some person,

7.7

7.8

7.9

7.10

7.11

For Responsible Animal Ownership in the City of HamiltonPage 13 of 26

sufficient to prevent the dog from leaving the premises.

Despite section 7.6, a dog may be outdoors on rural or agricultural premises or on

premises 0.5 hectare (1.2 acre) or more in area if the dog is sufficiently trained so as

to remain on the premises.

No owner of a dog shall permit the dog to:

(a) behave in a manner that poses a menace to the safety of a person or domestic

animal; or

(b) to bite or attack a person or domestic animal.

No owner of a dog shall keep the dog from dusk to dawn on premises that are not

used primarily for residential purposes unless clearly visible signs are posted sufficient

to give notice of the dog to persons entering the premises.

Every owner of an animal shall ensure that the place where the animal is kept is

such that:

(a) the animal may extend its legs, wings or body to their full natural extent;

(b) the animal may stand, sit or perch, or the place is otherwise adequate for the

needs of the animal;

(c) the animal may be readily observed, unless the natural habits of the animal

require otherwise; and

(d) the place is in a clean and sanitary condition.

In addition to complying with section 7.10, every owner of an animal shall ensure that

any structure located in a yard where the animal is kept is:

(a)(b)

(c)(d)(e)(f)

(g)

in the rear yard;

located not less than 1 metre from the boundary line between the owner's

premises and any abutting premises;

soundly constructed of hard, durable materials;

impervious to water;

constructed of materials that may be readily sanitized;

maintained in a good state of repair free from cracks, holes, rust and other

damage;

kept in a way that minimizes as nearly as practicable the transfer of pathogenic

agents; and

For Responsible Animal Ownership in the City of HamiltonPage 14 of 26

(h) adequately ventilated for the health and comfort of the animal enclosed.

PART

8.1

8.2

8.0 " Poop and Scoop for Animals

Every owner of an animal, except the owner of a service animal or a police animal,

shall immediately remove and dispose of any feces left by the animal on any

premises except premises owned or occupied by the owner.

Every owner of an animal shall, in a timely manner, remove and dispose of any feces

left by the animal on premises owned or occupied by the owner.

PART

9.1

9.2

9.3

9.0 - Designating Dogs as Potentially Dangerous or Dangerous

Where an Officer is satisfied that, in the absence of any mitigating factor, a dog has

approached a person or domestic animal in a menacing fashion or apparent attitude of

attack, including, but not limited to, behaviour such as growling or snarling, the Officer

may issue a designation in writing to the owner designating the dog as potentially

dangerous.

Where an Officer is satisfied that a dog:

(a) has, in the absence of any mitigating factor, attacked, bitten or caused injury

to a person or has demonstrated a propensity, tendency or disposition to do so;

(b) has, in the absence of a mitigating factor, significantly injured a domestic

animal; or

(c) having been previously designated as potentially dangerous, is kept or

permitted to be kept in violation of the requirements for a potentially dangerous

dog,

the Officer may issue a designation in writing to the owner designating the dog as

dangerous.

No owner of a dog designated as potentially dangerous or dangerous shall transfer

ownership of the dog without first having obtained the written consent of the

Poundkeeper. In granting or refusing consent, the Poundkeeper shall consider the

likelihood that all the applicable provisions of this Byqaw and the Dog Owners' Liability

Act, including any orders under that Act, will be met.

9.4

9.5

For Responsible Animal Ownership in the City of HamiltonPage 15 of 26

In addition to complying with all of the applicable provisions of this By-law, every

owner of a dog designated as potentially dangerous or dangerous shall ensure that:

(a) the dog is implanted with a microchip; and

(b) the dog is sterilized before reaching the age of six months or within 30 days of

being designated.

(c) when not on premises owned or occupied by the owner, the dog is equipped

with a muzzle and secured with a leash in accordance with the following:

(i) a muzzle shall be securely placed over the mouth of the dog at all times

so that the dog cannot bite any person or domestic animal;

(ii) a collar or harness shall be securely placed on the dog at all times so

that the dog cannot detach the collar or harness;

(iii) a leash shall be securely attached to a collar or harness at all times so

that the dog cannot detach the leash from the collar or harness; and

(iv) the dog shall be under the control of some person by means of the

leash at all times; and

(d) when the dog is on premises owned or occupied by the owner, the dog is:

(i) securely contained indoors; or

(ii) 1. where a dog designated as potentially dangerous is outdoors,

contained in an enclosure or fenced area or restrained by a chain

or other restraint sufficient to prevent the dog from leaving the

premises; and

2. where a dog designated as dangerous is outdoors, contained in a

six-sided pen which includes a top and bottom and which is

located at least 2 metres from any property line or in a yard

enclosed by a fence that is at least 2 metres in height, is securely

locked and is constructed so as to prevent the dog from leaving

the yard.

Every owner of a dog designated as potentially dangerous or dangerous shall:

(a) provide proof, on demand, satisfactory to an Officer, that the dog has been

implanted with a microchip or sterilized or both; and

For Responsible Animal Ownership in the City of HamiltonPage 16 of 26

dog.

The owner of a dog which has been designated

dangerous may request a hearing by the Poundkeeper.

9.9

9.10

9.11

9.12

9.8

9.7

9.6

(b) post in a conspicuous place at the entrance to the owner's premises a clearly

visible sign warning of the presence of a potentially dangerous or dangerous

as potentially dangerous or

may:

(a)(b)

confirm or rescind the designation;

substitute his or her own designation of the dog as potentially dangerous or

dangerous;

(c) confirm, rescind or vary the requirements of the owner imposed by the

designation including substituting the Poundkeeper's own requirements that

may be tailored to the specific circumstances before the Poundkeeper.

The decision of the Poundkeeper is final and binding and the designation of a dog as

potentially dangerous or dangerous, including all of the requirements of the owner

imposed by the designation, remains in effect until that decision is made.

Despite subsections 9.4(a) and 9.4(b) and section 9.11, the owner of a dog who has

requested a hearing in compliance with sections 9.6 and 9.7 shall not be required to

A request by the owner of a dog for a hearing under section 9.6 shall be made in

writing, accompanied by the applicable fee and delivered to the Poundkeeper within

15 days of issuance of the designation.

Notice of a hearing date to the owner of a dog who has made a request under section

9.7 shall include:

(a) a statement of the time, date and purpose of the hearing; and

(b) a statement that if the owner of the dog does not attend the hearing, the

Poundkeeper may proceed in their absence without notice to them.

The notice of hearing under section 9.8 may be given by delivering it personally or by

sending it by prepaid registered mail to the last known address of the owner of the

dog on file with the City. When notice is given by registered mail, it shall be deemed

to have been given on the 5th day after the day of mailing.

The Poundkeeper shall hold a hearing pursuant to the Statutory Powers Procedure

Act at the time, date and place set out in the notice of hearing and the Poundkeeper

For Responsible Animal Ownership in the City of HamiltonPage 17 of 26

9.13

have their dog implanted with a microchip or sterilized until 30 days after a decision

of the Poundkeeper confirming these requirements.

Sections 9.1 to 9.12 shall not apply to a dog while it is used as a police animal.

PART 10.0 - Prohibited Animals

10.1 No person shall keep animals belonging to the following orders:

Anseriformes (e.g. ducks, geese, swans and screamers), except located on rural or

agricultural premises zoned under a City zoning by-law permitting such a

use;

Artiodactyla (e.g. cattle, goats, sheep, pigs, deer, elk, alpacas and llamas), except:

(a) a Vietnamese pot-bellied pig with a current, valid licence on February 8,

2012; or

(b) located on rural or agricultural premises zoned under a City zoning

by-law permitting such a use;

Carnivora (e.g. otters, wolves, bears, coyotes, foxes, tigers, leopards, cougars, lions,

lynx, mink, skunks, weasels, badgers, mongooses and racoons), except dogs,

cats and ferrets;

Chiroptera (e.g. bats, myotis and flying foxes);

Crocodylia (e.g. alligators, crocodiles, gavials and caimans);

Edentates (e.g. anteaters, sloths and armadillos);

Galliformes (e.g. pheasants, grouse, guinea fowls, turkeys, chickens and peafowls),

except located on rural or agricultural premises zoned under a City zoning

by-law permitting such a use;

Lagomorpha (e.g. hares and pikas), except domestic rabbits;

Marsupialia (e.g. koalas, kangaroos, opossums and wallabies), except sugar gliders

derived from self-sustaining captive populations;

Perissodactyla (e.g. horses, donkeys, jackasses, mules, zebras and ponies), except

located on rural or agricultural premises zoned under a City zoning by-law

permitting such a use;

Primates (e.g. chimpanzees, gorillas, monkeys and lemurs);

Proboscidea (e.g. elephants, rhinoceros, hippopotamuses);

For Responsible Animal Ownership in the City of Hamilton

10.2

10.3

10.4

10.5

Raptors (e.g. eagles, hawks, falcons and owls), except as

provincial falconry licence;

Rodentia (e.g. porcupines, prairie dogs, nutria and chinchillas) except Rodentia:

(a) where neither the female nor the male of the species exceeds or will

exceed 1,500 grams in weight before or at maturity; and

(b) that are derived from a self sustaining captive population;

Squamata (e.g. lizards and snakes) except:

(a) non-venomous snakes where neither the female nor the male of species

exceeds or will exceed 3 metres in length from nose to tip of tail before

or at maturity; and

(b) non-venomous lizards (not including Iguana iguana) where neither the

female nor the male of the species exceeds or will exceed 2 metres in

length from nose to tip of tail before or at maturity; or

Struthioniformes (e.g. ostriches, rheas, cassowaries, emus and kiwis), except

ostriches, emus or kiwis located on rural or agricultural premises zoned

under a City zoning by-law permitting such a use.

No person shall keep or permit to be kept an animal that produces any poison,

venom or toxin, except Grammostola rosea (Chilean Rose), Brachypelma smithi

(Mexican Red-Knee) and Avicularia avicularia (Pink-Toe) Tarantulas.

Despite sections 10.1 and 10.2, a provincially authorized wildlife custodian may keep

an animal prohibited under this By-law in accordance with the authorization.

No person shall keep or permit to be kept any insect, spider or squamata permitted

under this By-law except in an escape-proof enclosure.

No person shall keep or permit to be kept any lagomorph, marsupial or rodent

permitted under this By-law except in a suitable enclosure.

Page 18 of 26

permitted under a

PART 11.0 - Impounding Animals

11.1 The Poundkeeper, an Officer or a police officer may seize any animal found at large

and deliver it to the pound.

11.2 An animal seized under section 11.1 shall be considered impounded at the time and

place it is seized by the Poundkeeper, an Officer or a police officer.

11.3

11.4

Dogs

11.5

For Responsible Animal Ownership in the City of HamiltonPage 19 of 26

The Poundkeeper may impound, at the pound, any dog or cat delivered to the

pound by the Poundkeeper, an Officer, a police officer or its owner.

The Poundkeeper may impound, at any enclosed place in the City, any animal other

than a dog or cat delivered to the pound by the Poundkeeper, an Officer, a police

officer or its owner.

and Cats

The Poundkeeper shall keep any impounded dog or cat for a redemption period of

three days, excluding:

11.6

(a)(b)(c)During

(a)

the day on which the dog or cat is impounded;

statutory holidays; and

days on which the pound is not open.

the redemption period, the Poundkeeper:

11.9

11.8

11.7

(b)

Despite section 11.6, during the redemption period, the Poundkeeper may

euthanize a dog or cat without delay where, in the opinion of the Poundkeeper, this

is warranted for humane reasons.

The Poundkeeper shall be entitled to recover from the owner of the dog or cat the

cost of inoculating or providing veterinary care during the redemption period in

addition to any other applicable fees for the redemption of the dog or cat.

During the redemption period, the owner of an impounded dog or cat may redeem it

if the owner:

(a) pays the applicable fees for redemption of the dog or cat;

(b) provides evidence satisfactory to the Poundkeeper that they own the dog or

cat;

(c) provides evidence satisfactory to the Poundkeeper that the dog is licensed

under this By-law or, if not, licenses the dog in accordance with this By-law;

and

may inoculate the impounded dog or cat to provide immunization against

distemper or any other contagious or infectious disease;

shall provide such veterinary care of an injured or ill impounded dog or cat as

may be necessary to sustain its life.

For Responsible Animal Ownership in the City of HamiltonPage 20 of 26

(d) if an impounded dog is designated as potentially dangerous or dangerous,

satisfies the Poundkeeper that they are aware of and in compliance with

requirements for keeping the dog.

11.10 After the expiration of the redemption period, the Poundkeeper may:

(a) release the impounded dog or cat to its owner in accordance with section

11.9; or

(b) keep, sell or dispose of, including euthanize, the

applicable provisions of the Animals for Research Act.

Animals other than Dogs and Cats

11.11

dog or cat, subject to

For the purposes of sections 11.12 to 11.16 "animal" means an animal other than a

dog, a cat or an animal that is prohibited under section 10.1 or 10.2.

11.12 Where an animal is impounded, the Poundkeeper shall keep the impounded animal

for a redemption period of three days, excluding:

(a) the day on which the animal is impounded;

(b) statutory holidays; and

(c) days on which the pound is not open.

11.13 Despite section 11.12, during the redemption period, the Poundkeeper may

euthanize an animal without delay where, in the opinion of the Poundkeeper, this is

warranted for humane reasons.

11.14 During the redemption period, the Poundkeeper may:

(a) inoculate the impounded animal to provide immunization against any

contagious or infectious disease;

(b) provide veterinary care for an injured or ill impounded animal;

(c) release the impounded animal to its owner, if the owner:

(i) provides evidence satisfactory to the Poundkeeper that they own the

animal; and

(ii) pays the applicable fees.

11.15 The Poundkeeper shall be entitled to recover from the owner of the animal the cost

of inoculating or providing veterinary care during the redemption period in addition to

any other applicable fees for the redemption of the animal.

For Responsible Animal Ownership in the City of HamiltonPage 21 of 26

11.16 After the expiration of the redemption period, the Poundkeeper may keep, sell or

dispose of, including euthanize, the impounded animal.

Prohibited Animals

11.17 Where an animal that is prohibited under sections 10.1 or 10.2 is impounded, the

Poundkeeper may, at any time, keep, sell or dispose of, including euthanize, the

impounded animal.

11.18 The owner of an animal is liable to pay the applicable fees for impounding an animal

regardless of whether or not they claim the animal from the pound.

11.19 Where an animal cannot be seized and where the safety of persons or animals is

endangered, the Poundkeeper, an Officer or a police officer may euthanize the

animal immediately.

11.20 No compensation, damages, fees or any other amount of money on account of or by

reason of the seizure, impounding, euthanizing, sale or disposal of an animal shall be

recovered by the owner or paid by the Poundkeeper or the City.

PART 12.0 - Administration and Enforcement

12.1 The Poundkeeper is authorized to administer and enforce this By-law including but

not limited to:

(a) arranging for:

(i) the assistance or work of City staff, City agents or the assistance of

police officers;

(ii) the making of designations, orders or other requirements and the

imposition of conditions as authorized under this By-law;

(iii) the obtaining of court orders or warrants as may be required; or

(iv) the commencement of such actions on behalf of the City to recover

costs or restrain contravention of this By-law as deemed necessary; or

(b) prescribing the format and content of any forms or other documents required

under this By-law.

12.2 The Poundkeeper may assign Officers to enforce this By-law and Officers so

assigned or appointed by Council to enforce this By-law shall have the authority to:

(a) carry out inspections;

12.3

12.4

12.5

12.6

12.7

For Responsible Animal Ownership in the City of HamiltonPage 22 of 26

(b) make designations, orders or other requirements and impose conditions as

authorized under this By-law;

(c) give immediate effect to any order or other requirement made under sections

12.6, 12.9 or 12.11.

The Poundkeeper may assign duties or delegate tasks under this By-law to be carried

out in the Poundkeeper's absence or otherwise.

Licence fees and other fees under this By-law, including fees for services provided by

the Poundkeeper, shall be as set and approved by Council from time to time.

The Poundkeeper or an Officer may enter on land at any reasonable time and in

accordance with the conditions set out in sections 435 and 437 of the Municipal Act,

2001 for the purpose of carrying out an inspection to determine whether or not the

following are being, complied with:

(a) this By-law;

(b) a designation, order or other requirement made under this By-law, including a

designation of a dog as potentially dangerous or dangerous;

(c) a condition of a licence issued under this By-law; or

(d) an order made under section 431 of the Municipal Act, 2001.

The Poundkeeper or an Officer, for the purposes of the inspection under section

12.5 and in accordance with the conditions set out in section 436 of the Municipal Act,

2001, may:

(a) require the production for inspection of documents or things relevant to the

inspection;

(b) inspect and remove documents or things relevant to the inspection for the

purpose of making copies or extracts;

(c) require information in writing or otherwise as required by the Poundkeeper or

an Officer from any person concerning a matter related to the inspection; or

(d) alone or in conjunction with a person possessing special or expert knowledge,

make examinations or take tests, samples or photographs necessary for the

purposes of the inspection.

The Poundkeeper may require an owner to pay any costs incurred by the City in

exercising its authority to inspect under section 12.6, including but not limited to the

12.8

12.9-

12.10

For Responsible Animal Ownership in the City of HamiltonPage 23 of 26

cost of any examination, test, sample or photograph necessary for the purposes of the

inspection.

The Poundkeeper or an Officer may undertake an inspection pursuant to an order

issued by a provincial judge or justice of the peace under section 438 of the Municipal

Act, 2001 where he or she has been prevented or is likely to be prevented from

carrying out an inspection under sections 12.5 and 12.6, if, in the case of an order

authorizing an inspection of a room or place actually being used as a dwelling, the

occupier is given notice concerning the inspection in accordance with subsection

438(5) of the Municipal Act, 2001.

If an Officer is satisfied that a contravention of this By-law has occurred, he or she

may make an order requiring the person who contravened the By-law or who caused

or permitted the contravention or the owner or occupier of the premises on which the

contravention occurred to discontinue the contravening activity.

An order under section 12.9 shall set out:

(a)

12.11

12.12

reasonable particulars of the contravention adequate to identify the

contravention and the location of the premises on which the contravention

occurred; and

the date or dates by which there must be compliance with the order.(b)If an Officer is satisfied that a contravention of this By-law has occurred, he or she

may make an order requiring the person who contravened the By-law or who caused

or permitted the contravention or the owner or occupier of the premises on which the

contravention occurred to do work to correct the contravention.

An order under section 12.11 shall set out:

(a) reasonable particulars of the contravention adequate to identify the

contravention and the location of the premises on which the contravention

occurred;

the work to be completed; and

the date or dates by which the work must be complete.

(b)(c)

12.13 An order to discontinue contravening activity made under section 12,9 or an order to

do work made under section 12.11 may be served personally or by registered mail to

the last known address of:

For Responsible Animal Ownership in the City of HamiltonPage 24 of 26

(a) the owner of the animal; and

(b) such other persons affected by it, including the owner or occupier of the

premises where the contravention occurred, as the Officer making the order

determines.

Service by registered mail shall be deemed to have taken place five business days

after the date of mailing.

12.14 In addition to service given in accordance with section 12.13, an order to discontinue

contravening activity made under section 12.9 or an order to do work made under

section 12.11 may be served by an Officer placing a placard containing the order in a

conspicuous place on the premises of the owner responsible for the contravention.

12.15 Where service cannot be given in accordance with section 12.13, sufficient service is

deemed to have taken place when given in accordance with section 12.14.

12.16(1) Where a person does not comply with a designation, order or other requirement

made under this By-law to do a matter or thing, the Poundkeeper, with such

assistance by others as may be required, may carry out such designation, order or

other requirement at the person's expense.

(2) Where the costs of doing a matter or thing under subsection 12.16(1) are

estimated to be:

(a) $20,000 or less, the Poundkeeper may proceed without further approval; or

(b) more than $20,000, the Poundkeeper may proceed with approval of an

authorized person or of Council.

12.17 The City may recover the costs of doing a matter or thing under section 12.16 by

action or by adding the costs to the tax roll and collecting them in the same manner as

property taxes and such costs shall include an annual interest rate of 15 per cent

commencing on the day the City incurs the costs and ending on the day the costs,

including the interest, are paid in full.

12.18 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is

exercising a power or performing a duty under this By-law.

12.19(1) Every person who fails to comply with any provision of this By-law or a designation,

order or other requirement made under this By-law, or an officer or director of a

For Responsible Animal Ownership in the City of HamiltonPage 25 of 26

corporation who knowingly concurs in such a failure to comply by the corporation, is

guilty of an offence and is liable:

(a) on a first conviction, to a maximum fine of not more than $10,000; and

(b) on any subsequent conviction, to a maximum fine of not more than $25,000.

(2) Despite subsection 12.19(1), where the person convicted is a corporation:

(a) the maximum fine in paragraph 12.19(1)(a) is $50,000; and

(b) the maximum fine in paragraph 12.19(1)(b) is $100,000.

12.20 Where a person has been convicted of an offence, the court in which the conviction

has been entered and any court of competent jurisdiction thereafter may, in addition to

any other remedy and to any penalty imposed by this By-law, make an order

prohibiting the continuation or repetition of the offence by the person convicted.

13.1

• 13.2

13.0 - General Provisions

The Appendices attached to this By-law form part of it.

This By-law may be referred to as the Hamilton Responsible Animal Ownership By-law

or the Responsible Animal Ownership By-law.

13.3 If a court of competent jurisdiction declares any provision or part of a provision of this

By-law invalid, the provision or part of a provision is deemed severable from this By-

law and it is the intention of Council that the remainder of the By-law shall continue to

be in force.

14.0 - Repeals, Amendments, Transition and Enactment

14.1 The following By-Laws, all as amended, are repealed;

(a) City of Hamilton By-law No. 01-169 Respecting the Control and Licensing of

Dogs and Kennels;

(b) City of Hamilton By-law No. 04-298 Respecting Animal Control Services;

(c) The Corporation of the City of Hamilton By-Law No. 84-191 Respecting the

Keeping of Animals;

(d) The Corporation of the City of Hamilton By-Law No. 86-343 To Regulate and

Control Cats;

For Responsible Animal Ownership in the City of HamiltonPage 26 of 26

14.2

14.3

(e) The Corporation of The Town of Dundas By-law No. 3612-86 Being a By-law

To Regulate the Keeping of Various Kinds of Animals in The Town of Dundas;

(f) The Corporation of The Township of Glanbrook By-law No. 575-99 A By-law

Respecting The Regulating, Prohibiting, Controlling and Keeping of Cats, Dogs

and Other Animals;

(g) The Corporation of The Town of Flamborough By-law No. 93-56-L The Dog

Control By-law for The Town of Flamborough;

(h) The Corporation of The City of Stoney Creek By-law No. 3912-93 To Prohibit

The Keeping of Certain Classes of Animals and To Regulate The Keeping of

Certain Classes of Other Animals in The City of Stoney Creek; and

(i) The Corporation of The City of Stoney Creek By-law No. 4319-95 To Provide

For The Operation of The Stoney Creek Animal Control Centre and For The

Control and Keeping Dogs, Cats and Other Animals; and

(j) The Corporation of The City of Stoney Creek By-law No. 4320-95 To Provide

for the Licensing of Dogs and Kennels in The City of Stoney Creek.

Despite the repeal of a by-law under section 14.1:

(a) the by-law shall continue to apply to proceedings in respect of offences that

occurred before its repeal; and

(b) all licences issued under the by-law that are in effect at the time of the repeal

shall be deemed to be licences as issued under this By-law, with all necessary

modifications, and all the rules, requirements and regulations of this By-law

shall apply.

This By-Law shall come into force on the date of its passing.

PASSED this 8th day of February, 2012.

R.

Mayor

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Alberton Rural Settlement AreaJuly 11, 2011

Appendix 1, Map A

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

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Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Copetown Rural Settlement Area

July 11, 2011

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Appendix 1, Map B

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Jerseyville Rural Settlement AreaJuly 11, 2011

Appendix 1, Map C

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.RUSSELL RD (PR)

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Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Carlisle Rural Settlement AreaJuly 11, 2011

Appendix 1, Map D

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© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Concession 5 and Centre Road Rural Settlement Area

July 11, 2011

Appendix 1, Map E

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

CONCESSION 5

E

CENTRE RD

CONCESSION 5

E

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Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Flamborough Centre Rural Settlement AreaJuly 11, 2011

Appendix 1, Map F

963

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6 E JOHN MARTIN CR

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© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Freelton Rural Settlement AreaJuly 11, 2011

Appendix 1, Map G

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

REGIONAL RD NO. 9

7 W

ENEIL DR

KARENDALE CR

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HIGHWAY NO. 6

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Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:July 11, 2011

Appendix 1, Map H-1

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

HIGHWAY NO. 8

KEW CT C

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RD

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ES AV

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5153555757575965 12

12328

Northerly Portion of Greensville Rural Settlement AreaMap 2 of 2

Rural Settlement Area

Northerly Portion Boundary

Legend

(See Map H-2 for Southerly Portion)

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:July 11, 2011

Appendix 1, Map H-2

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

HIGHWAY NO. 8

OAK AV

KEW CT

CR

AME

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D

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CT

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KIRBY A

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TAIN

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ION

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PAR

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HIGHWAY NO. 8

BRIENCREST AV

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1 3 5 7 99 11

12

14

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15

17

1919

17

21

25

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1 3

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11

3 5 7

3

632

626

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61 8617

61115

60 7

61 261 261 261 2

6 08

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602

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11 9 7 55 94

1

20

16 14 12

44

10 8 66 43 1

2

12

39

17

35

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16

20

28

24

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313

323

4

6

379

363

337

330

340

383

387

385

393

391

419

374

5153555757575965 12

12

328

Rural Settlement Area

Southerly Portion Boundary

Southerly Portion of Greensville Rural Settlement AreaMap 2 of 2

Legend

(See Map H-1 for Northerly Portion)

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Kirkwall Rural Settlement AreaJuly 11, 2011

Appendix 1, Map I

1902

1905

19011901

15451545

1883

1881

1561

1594

1528

1530

1536

1875

1866

1867

1855

1566

1572

1576

1582

18551851

1847

158615861586

18371837

1790

1786

CONCESSION 8 W

CONCESSION 8 W

KIRKWALL RD

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Lynden Rural Settlement AreaJuly 11, 2011

Appendix 1, Map J

LYNDEN RD HOW

ARD ST

MARGARET ST

BARNABAS ST

LYNDEN RD

LYNDEN RD

GOVERNOR'S RD

UNION ST

429142914291

424542454245

4063

4070

4036

40574041

40334029

40234019

946

9569649684028

40244016

40124012

4007 40033997

3989

4000 969

3984

18

3977

409940994099

156156

27

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55

1923

1717

25

27

14

20 11

24

26 22

7

35

37

3636

51 4444

48

52

3030

6

12

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3741

63

65

61

69

17

14

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91

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92

60

56

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68

67

51

59

53

6163

72

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79

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89

303030

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20

2628

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13

19

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29

39073895

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37

3943

47

47

44

50

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Millgrove Rural Settlement Area

July 11, 2011

Appendix 1, Map K

419

414

415

408

402402402

400

394

382382382

392

829829829

855857

821

825 820

824

826

806

810

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834

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411

407

395

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947

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12 940

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334334334334

837837

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328

327

323

320318318

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851851

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2

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1

CONCESSION 5 W

MILLGROVE SIDE RD

CONCESSION 5 W

LEWIS LN N

STEWART LN

CUMMINSVILLE DR

MILLGROVE SIDE RD PALMER LN

HIGHWAY NO. 6

BINKLEY CT

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Orkney Rural Settlement AreaJuly 11, 2011

KYLE CT

BEVERLY GLEN DR

TRAILRIDGE CR

ORKNEY RD

CONCESSION 2 W

GATEPOST PL

1689

1670

164416

37

41

163216321632

33

29

25

21

17

9

1624

5

1

13

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1637

92

1621

116

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1615

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69

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68

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165165165

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17

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45

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199199199

7

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205

207

209

44

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52

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9

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13

1606

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1717

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61

65

69

45

41

73

77

223

227

37

33

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231

235

241

204204

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222

226

230

240

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1560

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1603

1602

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57

45

1595159515951595

1594

1590

1591

1585

247

1580

258258

267

271

275

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281

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355

246

1576

1573

1567

1563

155615521552

1546

1544

1542

1540

1538

1529

Appendix 1, Map L

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Rockton Rural Settlement AreaJuly 11, 2011

Appendix 1, Map M

WOODHILL RD

HIGHWAY NO. 8

OLD HIGHWAY 8

HIGHWAY NO. 8 C

ARR

UTH

ER

S LN

OLD HIGHWAY 8

CONCESSION 5 W

849

843

14

803

819

819

819

810

810

806

757

755

1010

11

791791791791

15

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787

787

783

777

797

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6

804

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78879

2 780

780

9

8

11

13

763 75

9

758

776

776

776

12

19

749 74

5 743 739 735

731

720

716

754

750756

762

748 742

744

756

768

734

730

730

724

726

726

851

854854854

830

840

812

11 17

23

70871

2

706

706

706

694

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Sheffield Rural Settlement Area

July 11, 2011

Appendix 1, Map N

SH

EFFIELD

RD

SETTLERS RD

OLD HIGHWAY 8

SAFARI RD

HIGHWAY NO. 8

SHEFFIELD RD

SHEFFIELD RD

OLD HIGHWAY 8

SEATON RD

1205

1207

1217

1158

1216

1224

1228

118811881188

120012001200

120812081208

1140

117611761176

123112311231

116111611161

1205

1199

1195

1191

12131213

2430243024302430

242424242424

2412

1365

2410

133913391339

1340

1329132913291333

13211321

1317

1330

129212921292

239523952395

2336

129112911291

1227

1287

1283

1279 12

771289

125512

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1263

1256

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1260

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1265

1235

1237

1232

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1271

1271

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1249

1267

1251

1251

1251

1265

1263

1242

1246

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1255

1264

1260

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1249

1247

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1258

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1256

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1254

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1276

1270

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2292

12401240

12391239

1245

1250

1248

1246

1246

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12251227

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1250

1244

1223

1219

1226

1224

1217

1222

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1221

129712971297

222

1279

121412141214

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Strabane Rural Settlement AreaJuly 11, 2011

Appendix 1, Map O

BROCK RD

CONCESSION 8 W

900

888

878878878

874

870870870

895877877877877

1471

1475

1503

147014701470

1500

1512

858858

856856

1545

1539

1537

15411541

153815381538

15301534

855

853853

1553

1575

1565

15691571

15581558

840

155415541554

15581558

838

833

8291564

1568156015601560

157215721572

151415141514

1512

834834834

826826826

812812812812

832

828

827823

807807807807

796

801

797797

793793

158715871587

1607

1578

16001600

1542

1600

1548

785

789

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Troy Rural Settlement AreaJuly 11, 2011

Appendix 1, Map P

TROY RD

WEIR RD

HIGHWAY NO. 5 W

SHEFFIELD RD

TROY RD

2330

2316

2329

2325

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© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Westover Rural Settlement Area

July 11, 2011

Appendix 1, Map Q

WESTOVER RD

WESTOVER RD

CONCESSION 6 W

1380

13831383

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© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Woodburn Rural Settlement AreaJuly 11, 2011

WO

OD

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Appendix 1, Map R

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

Legend

Rural Settlement Area

Not To Scale

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Date:

Tapleytown Rural Settlement Area

July 11, 2011

Appendix 1, Map S

© Teranet and Information Services Inc. and its licensors. [2010] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY.

212212212

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Legend

Rural Settlement Area

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Not To Scale

Date:

© Teranet and Information Services Inc. and its licensors.[2011] May Not be Reproduced without Permission.THIS IS NOT A PLAN OF SURVEY.

June 29, 2011

BIRCH AVENUEDOG PARK

MYLER ST

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BIRCH AVENUE

DOG PARK

LEGEND

Leash Free Park

APPENDIX 2, MAP A

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Not To Scale

Date:

© Teranet and Information Services Inc. and its licensors.[2011] May Not be Reproduced without Permission.THIS IS NOT A PLAN OF SURVEY.

June 29, 2011

CHEGWIN PARKKEMP DR OVERFIELD ST

CENTRAL PARK AV

ORMEROD CL

JOH

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MC

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AY ST

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LEGEND

Leash Free Park

CHEGWIN

PARK

APPENDIX 2, MAP B

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Not To Scale

Date:

© Teranet and Information Services Inc. and its licensors.[2011] May Not be Reproduced without Permission.THIS IS NOT A PLAN OF SURVEY.

June 29, 2011

HANNON SOUTHOPEN SPACE

NEB

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LEGEND

Leash Free Park

HANNONSOUTHOPENSPACE

APPENDIX 2, MAP C

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Not To Scale

Date:

© Teranet and Information Services Inc. and its licensors.[2011] May Not be Reproduced without Permission.THIS IS NOT A PLAN OF SURVEY.

June 29, 2011

HILL STREET PARK

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LEGEND

Leash Free Park

HILL STREET PARK

APPENDIX 2, MAP D

PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT

Not To Scale

Date:

© Teranet and Information Services Inc. and its licensors.[2011] May Not be Reproduced without Permission.THIS IS NOT A PLAN OF SURVEY.

June 29, 2011

LITTLE JOHN PARK

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LITTLE JOHN RD

LYNDEN AV

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LYNDEN AV

DUNDANA AV

WOODW

ARD AV

ROGERS RD

DARLENE CT

HILLSIDE AV S

LITTLE JOHN PARK

LEGEND

Leash Free Park

APPENDIX 2, MAP E

Authority: Item 12, General Issues CommitteeReport 12-022 (FCS12024(a))CM: September 26, 2012

Bill No. 220

CITY OF HAMILTON

BY-LAW NO. 12-220

To Amend By-law No. 12-031, a By-law For Responsible Animal Ownership

WHEREAS Council enacted a by-law for responsible animal ownership being City of Hamilton

By-law 12-031;

AND WHEREAS this By-law provides for the addition of a Leash Free Park to subsection 7.4(a)

of By-law 12-031;

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

1. By-law 12-031 is amended in accordance with sections 2 and 3 and these sections are

deemed to include all necessary amendments to grammar including punctuation.

2. Subsection 7.4(a) of By-law 12-031 is amended by adding, in alphabetical order, the

following to the list of Leash Free Parks:

Strachan Street General Open Space (Ward 2 - a portion on the East end of 51-134

Strachan Street), as shown in the attached Appendix 2 on Map F, from 6 a.m. to 11

p.m. every day;

3. Appendix 2 of By-law 12-031 is amended by adding Map F, attached as Schedule 1, after

Map E.

4. This By-law comes into force on the day it is passed.

PASSED this 10th day of October, 2012.

}ratinaMayor

SCHEDULE 1

413 405 ' 394

368

' aSO1

Appendix 2, Map F

LEGEND

D Leash Free Park

Strachan StreetGeneral Open Space

Date:Sept. 26,2012 i ÿ"ÿ I

IUiHil......... Hamilton

PLÿNNNG AND ECONOMIC DEVELOPMENT DEPAFÿTMENT© Terÿnet Lÿnd Infÿnnaÿon Services Inc.andÿ ÿnÿrs.

Authority: Motion Item 7.2, CouncilCM: February 27, 2013

Bill No. 217

CITY OF HAMILTON

BY-LAW NO. 13-217

To Amend By-law No. 12-031, a By-law For Responsible Animal Ownership

WHEREAS Council enacted a by-law for responsible animal ownership being City of Hamilton

By-law 12-031;

AND WHEREAS this By-law provides for the addition of a Leash Free Park to subsection 7.4(a)

of By-law 12-031;

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

1. By-law 12-031 is amended in accordance with sections 2 and 3 and these sections are

deemed to include all necessary amendments to grammar including punctuation.

2. Subsection 7.4(a) of By-law 12-031 is amended by adding, in alphabetical order, the

following to the list of Leash Free Parks:

Borer's Falls (00 Valley Road, Dundas, being Part of Lot 22, Concession 2, being Parts

1 and 2 on 62R-19536, City of Hamilton, formerly Town of Dundas), as shown in the

attached Appendix 2 on Map A-l, from 6 a.m. to 11 p.m. every day;

3. Appendix 2 of By-law 12-031 is amended by adding Map A-l, attached as Schedule 1,

after Map A.

4. This By-law comes into force on the day it is passed.

PASSED this

R. BratirMayor

day of September, 2013.

W o

%

T-I

Jcsÿ

Authority: Item 3, Planning CommitteeReport 14.-004 (PED13107(a))CM: March 26, 2014

Bill No. 067

CITY OF HAMILTON

BY-LAW NO, 14-067

To Amend By-law No. t 2-031,

For Responsible Animal Ownership in the City of Hamilton

WHEREAS Council enacted a By-law for Responsible Animal Ownership being City of

Hamilton By-law No. 12-031;

AND WHEREAS this By-law amends provisions of By-law No. 12-031 with respect to the

keeping of pigeons;

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

1. Section 6.1 of By-law No. 12-031 is deleted and replaced by the following new section

6.1:

6.1 No person shall keep a pigeon unless they are a member in good standing of the

Canadian Racing Pigeon Union Inc. or the Canadian Pigeon Fanciers' Association.

2. Subsection 6.3(c) of By-law No. 12-031 is deleted and replaced by the following new

subsection 6.3(c):

(c) is located not less than:

(i) 3 metres from the boundary line of adjacent premises that contain a school,

church, public hall, store or dwelling; and

(ii) 10 metres from a building on adjacent premises that contains a school church,

public hall, store or dwelling; and

3. Subsection 6.7(a) of By-law No. 12-031 is deleted and replaced by the following new

subsection 6.7(a):

(a) a maximum of two flights daily before 10 a.m. or after 3 p.m.; or

4. Part 6 of By-taw No. 12-031 is amended by adding the following new section 6.9:

6.9No person shall keep or permit to be kept on any one premises owned or occupied by

them more than:

(a) 80 pigeons from April 1 to October 31 in any one year; and

(b) 60 pigeons from November 1 in any one year to March 31 in the following year.

5. This By-law comes into force on the day it is passed.

PASSED this 26th day of March, 2014.

R. Bratina RMayor

Authority: Item 7, Planning Committee

Report 14-007 (PED09303(d))

CM: May 14, 2014

Bill No. 121

CITY OF HAMILTON

BY-LAW NO. 14-121

To Amend By-law No. 12-031, a By-law for Responsible Animal Ownership

WHEREAS Council enacted a by-law for responsible animal ownership being City of

Hamilton By-law No. 12-031;

AND WHEREAS this By-law provides for amendments including an amendment with respect

to accreditation by Canada's Accredited Zoos and Aquariums;

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

1. Part 10 of By-law No. 12-031 is amended by adding the following new section 10.6:

10.6(1) For the purposes of subsection 10.6(2) "institution" and "facility" have the

meaning given to those words by Canada's Accredited Zoos and

Aquariums.

(2) Despite section 10.1, an institution whose facility is accredited by

Canada's Accredited Zoos and Aquariums may keep an animal

prohibited under section 10.1 if:

(a) the institution maintains its Canada's Accredited Zoos and Aquariums

accreditation;

(b) neither the institution nor the facility sells or offers for sale animals;

(c) the facility is on premises zoned under a City zoning by-law

permitting the use;

(d) the facility is on premises where there is no residential use;

(e) the facility:

(i) shares no common wall with any other use or is self-contained in

accordance with its Canada's Accredited Zoos and Aquariums

accreditation;

(ii) shares no HVAC system and no plumbing system with any other

use; and

(f) signs are posted in the facility at all public entrances/exits and in

each room where animals are displayed that:

(i) include the statements:

caution: the animals on display are unpredictable and may

be dangerous;

after touching the animals or their living areas wash your

hands; and

(ii) can be easily read by any person approaching.

(3) Despite sections 10.4 and 10.5, animals kept on premises that meet the

requirements of subsection 10.6(2) may be kept outside of an escape-

proof enclosure or a suitable enclosure for educational purposes.

2. This By-law comes into force on the day it is passed.

PASSED this 14th day

R. Bratina R.Mayor City

2

Authority: Item 15, Public Works CommitteeReport 14-008CM: June 25, 2014

Bill No. 191

CITY OF HAMILTONBY-LAW NO. 14-191

To Amend By-law No. 12-031, a By-law For Responsible Animal Ownership

WHEREAS Council enacted a by-law for responsible animal ownership being City of Hamilton

By-law 12-031;

AND WHEREAS this By-law provides for the addition of a Leash Free Park to subsection 7.4(a)

of By-law 12-031;

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

1. By-law 12-031 is amended in accordance with sections 2, 3 and 4 and these sections are

deemed to include all necessary amendments to grammar including punctuation.

2. Subsection 7.4(a) of By-law 12-031 is amended by adding, in alphabetical order, the

following to the list of Leash Free Parks:

Cathedral Park (Ward 1 - 707 King St. W.), as shown in the attached Appendix 2

on Map A-2, from 6 a.m. to 11 p.m. every day;

3. Subsection 7.4(a) of By-law 12-031 is further amended to change the hours for Little John

Park (Ward 13 - 110 Little John Road), as shown in Appendix 2 on Map E, to 6 a.m. to 9

a.m. and 7 p.m. to 11 p.m. every day;

4. Appendix 2 of By-law 12-031 is amended by adding Map A-2, attached as Schedule 1,

after Map A-1.

5. This By-law comes into force on the day it is passed.

PASSED this 15th day of August, 2014.

/R. Brati t d ÿ'

Mayor

M. GallagherActing City Clerk

SCHEDULE "1"

Appendix 2, Map A-2

I I \ .o.ÿST /ÿ \1\\

! ÿÿathedralPark /ÿ 5° 'iÿÿ

[ "ÿ ÿ'ÿ.eÿ'ÿl '/t \ ÿ Leash Free Park

..¢ÿ/i///ÿ.+ ' IIiiliii i l...,,,o.X'7 i i " , , _ 7:7ÿ!:ÿ7ÿ7:::j:;:::::::'

Authority: Item 15, Public Works CommitteeReport 14-011 (PW14096(a))CM: September 24, 2014

Bill No. 004

CITY OF HAMILTON

BY-LAW NO. 15-004

To Amend the Leash Free Zone Provisions ofCity of Hamilton By-law No. 12-031,

Being a By-law For Responsible Animal Ownership •

WHEREAS Council enacted a by-law for Responsible Animal Ownership being City of HamiltonBy-law No. 12-031;

AND WHEREAS this By-law provides for an amendment to the Leash Free Park provisions of By-law 12-031;

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

, Subsection 7.4(a) of By-law 12-031 is amended to reflect the following hours for Borer'sFalls Leash Free Park (00 Valley Road, Dundas, being Part of Lot 22, Concession 2, beingParts 1 and 2 on 62R-19536, City of Hamilton, formerly Town of Dundas), as shown inAppendix 2 on Map A-I, from 7 a.m. to 9 p.m., April 1 through October 31, and 7 a.m. to 6p.m. from November 1 through March 31;

2. This By-law comes into force on the day it is passed.

PASSED this 21st day of January, 2015.

Fred Eisenberger (ÿMayor

Authority: Motion Item 7.2, CouncilCM: August 14, 2015

Bill No. 177

CITY OF HAMILTONBY-LAW NO. 15-177

To Amend By-law No. 12-031, a By-law For Responsible Animal Ownership

WHEREAS Council enacted a by-law for responsible animal ownership being City of Hamilton

By-law 12-031;

AND WHEREAS this By-law provides for the addition of a Leash Free Park to subsection 7.4(a)

of By-law 12-031;

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

1. By-law 12-031 is amended in accordance with sections 2, 3 and 4 and these sections are

deemed to include all necessary amendments to grammar including punctuation.

2. Subsection 7.4(a) of By-law 12-031 is amended by adding, in alphabetical order, the

following to the list of Leash Free Parks:

Heritage Green Community Trust (Ward 9 - 297 First Rd. W., Stoney Creek), as

shown in the attached Appendix 2 on Map C-1, from 6 a.m. to 11 p.m. every day;

3. Appendix 2 of By-law 12-031 is amended by adding Map C-1, attached as Schedule 1

hereto, after Map C.

4. This By-law comes into force on the day it is passed.

PASSED this 14th day of August, 2015.

JohnsoJDeputy Mayor

rini

SCHEDULE "1" to By-law No. 15-177

Appendix 2, Map C-1

APPENDIX 2 MAP C-1

355

©