Section 1 - Definitions
In this by-law:
“animal” means any member of the animal kingdom, other than a human;
“Animal Control Tribunal” means the person holding the position of General Manager of the Emergency and Protective Services Department, the Director of Building Code Services in the Planning and Growth Management Department, or the Program Manager of Parking Enforcement in the Emergency and Protective Services Department, or Christine Hartig, Project/Policy Officer, By-law and Regulatory Services Branch, Emergency and Protective Services Department; (By-law Nos. 2011-4, 2007-465 and 2007-34)
“attack” means: (By-law No. 2006-80)
- an assault resulting in bleeding, bone breakage, sprains, scratches or bruising; or
- aggressive behaviour resulting in physical contact and damage to clothing worn by the person or domestic animal, and “attacked” or “attacking” have a corresponding meaning; “bite” means a wound to the skin causing it to puncture or break;
“boarding kennel” means any premises or part thereof where:
- more than three (3) dogs over the age of twenty (20) weeks, or
- more than five (5) cats over the age of twenty (20) weeks, are boarded, raised or trained, for any period of time that includes an overnight stay, for remuneration;
“By-law Officer” means a person appointed by Council as a Municipal Law Enforcement Officer to enforce the provisions of the by-law;
“cat” means a female or a male cat;
“Chief of Police” means the Chief of Police for the City of Ottawa or authorized assistants or persons acting under his or her authority;
“City” means the municipal corporation known as the City of Ottawa or the geographic area of the City of Ottawa as the context requires;
“Director” means the person occupying the position of Manager, By-law and Regulatory Services in the Emergency and Protective Services Department of the City of Ottawa, or an authorized representative; (By-law Nos. 2007-34 and 2009-259)
“dog” means a female or a male dog;
“domestic animal” means a cat or a dog;
“dwelling unit” means a building, room or rooms occupied or intended for use as a housekeeping unit in which sanitary, cooking, living and sleeping facilities exist;
“Health Protection and Promotion Act” means the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and any regulation passed under it; (By-law No. 2018-114)
“in-home breeding kennel” means any premises or part thereof where:
- more than three (3) and less than eleven (11) dogs over the age of twenty (20) weeks, or
- more than five (5) and less than eleven (11) cats over the age of twenty (20) weeks, or
- more than three (3) dogs over the age of twenty (20) weeks or more than five (5) cats over the age of twenty (20) weeks, where the primary housing for the dogs or cats is in an accessory building(s) or structure(s) on the property, are owned and being bred and raised; (By-law No. 2014-107)
“keep” means to have temporary or permanent control or possession of an animal, and the words “kept” or “keeping” have a similar meaning;
“livestock” means any domestic fowl (including chickens, geese, ducks, turkeys, guinea fowl, etc.), horse, donkey, mule, bull, ox, cow or other cattle, goat, swine, sheep, llama, mink, fox, emu or ostrich, or the young thereof; (By-law No. 2004- 489)
“Manager of Enforcement and Inspections” means the person holding the position of Manager of Enforcement and Inspections in the By-law and Regulatory Services Branch of the Community and Protective Services Department of the City of Ottawa; (By-law No. 2007-34)
“Medical Officer of Health” means the Medical Officer of Health for the City of Ottawa Health Unit or any person acting under his or her authority; (By-law 2018-114)
“microchip” means an approved “Canadian Standard” encoded identification device implanted into an animal, which contains a unique code that permits or facilitates access to owner information, including the name and address of the owner, which is stored in a central database;
“muzzle” means a humane fastening or covering device of adequate strength placed over the mouth of an animal to prevent it from biting, and the words “muzzled” and “muzzling” have a similar meaning;
“old municipalities” means the old municipalities of the City of Cumberland, the City of Gloucester, the Township of Goulbourn, the City of Kanata, the City of Nepean, the Township of Osgoode, the City of Ottawa, the Township of Rideau, the Village of Rockcliffe Park, the City of Vanier and the Township of West Carleton;
“operator of the livestock pound” means any one of the livestock handlers as set out in Schedule “C” or such other facility designated by the City;
“operator of the pound” means the Ottawa Humane Society or such other facility designated by the City; “OSPCA” means the Ontario Society for the Prevention of Cruelty to Animals;
“Ottawa Humane Society” means the local animal shelter located at 245 West Hunt Club Road, Ottawa, to which animals may be conveyed and from which animals may be redeemed or lawfully adopted; (2018-114)
“owner” means any person who possesses or harbours an animal, and where the owner is a minor, the person responsible for the custody of the minor, and includes a person who is temporarily the keeper or in control of the animal, and the word “owns” has a similar meaning;
“parkland” means land owned or leased by the City and set aside for park purposes;
“pet shop” means a shop or place where animals for use as pets are sold for retail or kept for sale;
“petting zoo” means a collection of animals that children may pet and feed and that are not prohibited animals;
“play structure” means a swing, slide, spring-mounted riding toy, climbing equipment, play house, sand box or teeter-totter, and the sand-filled area maintained under the play structure, if any;
“pound” means the part of the premises of the Ottawa Humane Society or such other facility designated by the City which is used for the temporary housing and care of animals that have been impounded pursuant to this by-law;
“premises” means a building or part of a building or a place;
“premises of the owner” includes premises where a dog is habitually harboured or fed;
“prohibited animals” means the animals identified in Schedule “B”;
“protective care” means the temporary, time-limited keeping of an animal by the City as a result of an eviction, incarceration or fire or medical emergency;
“Public Health Inspector” means a public health inspector for the City of Ottawa Health Unit or any person acting under the authority of a public health inspector; (By-law No. 2018-114)
“recreational kennel” means any premises or part thereof where:
- more than three (3) dogs and less than eleven (11) dogs over the age of twenty (20) weeks, or
- more than three (3) dogs over the age of twenty (20) weeks where the primary housing for the dogs is in an accessory building or structure on the property, are owned and raised for non-commercial recreational purposes, such as dog sledding, but are not bred for sale; (By-law No. 2014-107)
“redemption period” means the period of time within which the owner of a dog which has been impounded pursuant to this by-law has the right to redeem it;
“service animal” means:
- an animal that can be readily identified as one that is being used by the person for reasons relating to the person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or
- an animal for which the person provides documentation from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability:
- A member of the College of Audiologists and Speech-Language Pathologists of Ontario.
- A member of the College of Chiropractors of Ontario.
- A member of the College of Nurses of Ontario.
- A member of the College of Occupational Therapists of Ontario.
- A member of the College of Optometrists of Ontario.
- A member of the College of Physicians and Surgeons of Ontario.
- A member of the College of Physiotherapists of Ontario.
- A member of the College of Psychologists of Ontario.
- A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario; or
- a dog or cat that is used in therapy, registered with a recognized organization for that purpose. (By-law No. 2018-114)
“spray pad” means a spray pad whether or not there is water and includes the concrete or asphalt decking;
“sterilized” in respect of a dog or cat means either spayed or neutered;
“tether” means a rope or chain or similar restraining device that prevents an animal from moving away from a localized area, and the words “tethered” and “tethering” have a similar meaning;
“vicious” in respect of a dog means a dog that has bitten or attacked without provocation a person or a domestic animal;
“wading pool” means a wading pool whether or not there is water and includes the concrete or asphalt decking;
“without provocation” means in the absence of teasing, tormenting, abusing or assaulting actions upon the dog, or its owner, either in the past or the present, by the person or domestic animal who sustained the bite or attack.
Section 2 - Interpretation
- This by-law includes the Schedules annexed hereto, and the Schedules are hereby declared to form part of this by-law.
- It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.