Saturday, November 26, 2016

Montreal Animal "Control" By-law Designed to Grab Money and Kill Pets


Montreal Animal "Control" By-law Designed to Grab Money and Kill Pets



This is NOT an Official or Legal Document.
This is a summary of some important provisions of the new animal control By-Law
number 16-160 (the “By-Law”) of the City of Montreal (the “City”)
enacted on September 26, 2016 and in force October 3, 2016.
There are more provisions in Order/Regulation Number 1 to the By-Law
and there may be more in subsequent Orders/Regulations to the By-Law.

The Authors are Not Responsible For Any Errors or Omissions.
All Responsibility for Understanding and Complying with The By-Law and Order(s)
is on the Reader.
You must Inform Yourself By Reading The By-Law
And Getting Clarification from the City of Any Provision You Do Not Understand.

Please read the By-Law at:

Or, ask your City Councillor to provide you with a full copy of the By-Law and all Orders/Regulations relating to the By-Law.
Demand that your City Councillor provide a binding interpretation of any provision you do not understand. 
The City’s Legal Department should be providing information to citizens to clarify this law.

The By-Law applies to Residents and to Visitors.

ALL ANIMAL OWNERS


The executive committee of the City can, without going to City Council for a by-law amendment, change the list of permitted and prohibited animals at any time and determine the transitional measures, if any.  This means the executive committee of the City can add dog breeds to the “prohibited” list at any time.

The executive committee of the City can, without going to City Council or having the input from the City’s public health department, declare a quarantine and/or require vaccination at any time.  The By-Law does not specify whether this power relates to animals or humans.  This power could result in the killing of all quarantined animals.

Ownership by a person for any purpose is limited to animals named in the By-Law (in short - dogs, cats, rabbits, ferrets, domestic rodents less than 1.5 kg, sugar gliders born in captivity, hedgehogs born in captivity, birds born in captivity with specific exceptions, reptiles born in captivity with specific exceptions, and toads, frogs and newts except poisonous amphibians).
Fish and crustaceans are not on the permitted list.

Any animal not on the permitted list may be seized and killed by an “authority having jurisdiction” of the City who is not a veterinarian, WITHOUT A WARRANT.

The By-Law refers to a “guardian” of an animal, which is defined as any person who:
  • ·         owns,
  • ·         is in possession of or
  • ·         is keeping an animal

In the case of a natural person under 14 years, the father, mother, tutor or other responsible person is deemed to be the guardian.


Ownership of a “prohibited” dog is forbidden.  A “prohibited” dog is:
·            a dangerous dog as defined in the By-Law;
·            a “pit bull type” dog except with a special permit;
·            a hybrid dog as defined in the By-Law;
·           a dog unsterilized at December 31, 2019 (except for medical exemption or a provably purebred dog registered with a recognized breed association); and,
·            a dog not microchipped by December 31, 2019.

A “pit bull type” dog is, briefly:
·            an American Pit Bull Terrier, an American Staffordshire Terrier, a Staffordshire Terrier;
·            a dog that is a cross between one of the above and another dog; and,
·            a dog that has several “morphological characteristics” of the breeds and crosses listed above.

Ownership per household (not per person) is limited to 4 animals of the permitted species, of which only 2 may be dogs.  Examples:
·            If you own a permitted bird, two cats and two dogs, you are over the 4-animal limit.
·           If you own two dogs and live with or marry a person with two dogs and a cat, your household is over the 4-animal limit.

There is no “grandfathering” exemption for your current pets if you have more than four (4) in a household.
 
There is no exemption for fostering rescues.


Animals exceeding four (4) may be seized and killed by an “authority having jurisdiction” of the City who is not a veterinarian, WITHOUT A WARRANT.

A guardian can apply for a special permit to keep 3 dogs upon meeting very specific conditions, provided none of the dogs are “at-risk” or “pit bull type” dogs.

The 4-pet limit may include friends visiting with pets, as the 4-animal limit is a household limit.

Dog and cat sitters may not be able to accept animals that would cause them to exceed the 4-animal limit when their own animals are included, as the 4-animal limit is a household limit.

An “authority having jurisdiction” of the City, who may be a file clerk or a third-party security guard and NOT a veterinarian, may WITHOUT A SEARCH WARRANT:

·         visit and examine any housing unit for the purposes of applying the By-Law;
·         have killed or order the killing of an animal that is dangerous, potentially dangerous, prohibited, stray, dying, seriously injured or highly contagious. 
o    THERE IS NO APPEAL.
·         demand proof of sterilization of any dog or cat;
·         demand from the guardian production of any document relevant to the application of the By-Law. 
o    Feral cat feeders may be required to produce any document(s) relevant to the application of the By-Law.
·         apply to a judge for an order to seize from where it is kept any animal that contravenes the By-Law or whose owner refuses or neglects to comply with the By-Law.
o    This may include any animal(s) that cause a household to exceed the 4-pet limit.

An owner, tenant or occupier of a housing unit MUST, upon presentation of proper identification by the “authority having jurisdiction” of the City, who may be a file clerk or a third-party security guard and NOT a veterinarian, allow access WITHOUT A SEARCH WARRANT.

No person may hinder in any way the capture of an animal by the “authority having jurisdiction” of the City, WITHOUT A SEARCH WARRANT, who may be a file clerk or a third-party security guard and NOT a veterinarian.

A guardian of a dog or cat must:
  • ·         obtain a required license within 15 days after acquiring the dog or cat or after the day the dog or cat reaches the age of 3 months, the longer delay applying;
  • ·         pay the City fee; and,
  • ·         sterilize, microchip and vaccinate the animal.

o    This may require dog and cat rescues to license all animals in their care.
o    There is no exemption from sterilization for purebred registered breeding cats.

A feeder of a feral cat colony appears to be considered the guardian and may be required to purchase licenses for all the cats and attend to sterilization, vaccination and microchipping of all the cats.  It is not clear how feral cats would be considered under the 4-animal limit, whether the feeder’s animals and the feral cats would be counted together to ascertain the number of animals, and any animal(s) in excess of four seized and killed.

The guardian of the dog or cat for which a tag has been issued must:
·         notify the City of any change of address as well as of the death, disappearance, the donation or the sale of the animal within 15 days of any of those events;
·         if the dog or cat has a microchip, notify the microchip supplier of any change to contact information within 15 days of such a change.

The guardian of an at-risk dog must inform the City, in writing, 48 hours before changing the place where the animal is kept.

The guardian of a dog or cat must ensure that it wears the tag that was issued, except for a cat that has a microchip which allows for the verification of the licence number issued for the cat.

The keeping of chickens, pheasants, turkeys, goats, rabbits and ducks and sheep is established under Regulation 1 to the By-Law.

“NUISANCE” PROVISIONS

Among other restrictions and prohibitions, a dog or cat is not allowed to:
  • ·         not wear the City-issued tag unless the cat has a microchip that allows verification of the license issued for the cat;
  • ·         cause damage to the property of others;
  • ·         for a dog to bark, whine or howl or for a cat to meow and “disturb the peace and tranquility of a person”;
  • ·         to bite or attack or try to bite or attack a person or another animal of a permitted species under the By-Law;
  • ·         be wandering;
  • ·         be on private property without the owner’s or occupant’s consent;
  • ·         tied in a public place unattended; and
  • ·         dig in garbage, move it, tear the bags or knock over containers;
  • ·         drink or bathe in a fountain or basin located in a public place; and,
  • ·         be in a fenced City playground or on City land where a sign indicates that the presence of dogs is prohibited.

The guardian of an animal (dog, cat or other permitted species) cannot keep domestic animals who emit odours likely to disturb the neighbourhood or damage property.

The guardian of an animal (dog, cat or other permitted species) must clean the animal’s feces from any public or private place and dispose of it in an approved container for disposal.  An animal owner must “scoop the poop”.

Operation of a kennel, cattery, hutch, barn aviary, henhouse or any other form of animal husbandry is forbidden.

If a dog, cat or rabbit delivers, the puppies, kittens and rabbits can be kept for a period not exceeding three (3) months.  The By-Law does not state what happens if the infants cause a household to exceed the 4-animal limit.  The By-Law permits seizure and killing of any animals in excess of the 4-animal limit, WITHOUT A WARRANT.

If a guardian is declared guilty of three offences under the “nuisance” provision of the By-Law, the City will not issue or renew any any animal license to that guardian.  Any animal owned by that guardian can then be seized and killed, WITHOUT A WARRANT.


VISITORS TO MONTREAL

A visitor’s dog cannot be a prohibited dog.

If a person visits the City with their dog or cat, they may stay for a maximum of 30 days and must have a valid license from their municipality of residence. 

If a visitor stays over 30 days with a dog or cat, the visitor must:
  • ·         obtain a City license for the animal and
  • ·         meet all the City requirements for licensing – payment of fee, sterilization, microchipping and vaccination.

A visitor license is valid only for the period of time determined by the City’s executive committee.  It is not assignable or transferrable. 
The animal must wear the license tag issued to the visitor except a microchipped cat where the microchip information includes the license information. 

CAT OWNERS

There are numerous restrictions, prohibitions and conditions in the By-Law and you must educate yourself to keep your animal(s) safe.  Please see the “All Pet Owners” section above.

Breach of any prohibition may result in the seizure and killing of the cat, WITHOUT A WARRANT, by an “authority having jurisdiction” of the City.

DOG OWNERS

All dogs must be sterilized by December 31, 2019 unless a veterinarian states that it cannot be sterilized or it is a provably registered purebred breeding dog.

When not inside a building, on private land where the dog is restrained to prevent it from getting outside the boundaries if the land is not fenced, private land which is fenced to contain the dog or in a City-operated dog run:

·            all dogs must be kept on a leash with a maximum length of 1.85 metres (6 feet); and,
·            any dog of 20 kg (44 lb.) and more must wear a head halter or harness to which is attached the leash.

There are numerous other restrictions, prohibitions and conditions in the By-Law and you must educate yourself to keep your animal(s) safe.   Please see the “All Pet Owners” section above.

It is forbidden to walk more than 2 animals at a time on City property, outside of a housing unit, unless holding a special permit to keep 3 dogs issued under the By-Law.

A professional dog walker can walk more than 2 animals if the walker has obtained a City dog walker permit and paid the fees.

The holder of a special permit to have 3 dogs or the holder of a dog walker permit must carry it at all times, and present it on demand by an “authority having jurisdiction” of the City.

Breach of any prohibition may result in the seizure and killing of the dog, WITHOUT A WARRANT, by an “authority having jurisdiction” of the City.

DOG EXERCISE AREAS
(Fenced City-provided off-leash dog areas)

It is prohibited:
·  to bring more than 2 dogs at a time in the dog exercise area;
·  to feed one’s dog inside the dog exercise area;
·  to use a ball, a stick or any other object to make a dog exercise when another guardian’s dog is in the dog exercise area; and
·  to bring in the dog exercise area a dog that shows symptoms of disease or a female dog that is in heat.

Breach of any prohibition may result in the seizure and killing of the dog, WITHOUT A WARRANT, by an “authority having jurisdiction” of the City.

OWNERS OF “PIT BULL TYPE” DOGS

The owner of a “pit bull type” dog must obtain a special license from the City.  First application must be made before December 31, 2016.

Guardian must provide:
·  evidence of sterilization or a written notice from a veterinarian that the animal cannot be sterilized;
·  proof of dog’s vaccination against rabies and proof of renewal, if any, at City request;
·  proof that the dog is microchipped;
·  a negative search of criminal record certificate or, in the case of a positive certificate of criminal record, a certificate from the City of Montreal Police Department that the applicant has not been convicted in the five years preceding the date of the special permit application or renewal of a violation of the offences listed in Schedule 1 to the By-Law.

Applicant for a special permit must be 18 years old or more, provide a document to the effect that s/he was a resident of the City and the owner of the subject dog before the effective date of the By-Law, and pay the fees to the City.  The guardian has until March 1, 2017 to provide the proof of sterilization, vaccination, microchipping and criminal record certificate.

Once the By-Law is in force and until the special permit is issued:
·  A “pit bull type” dog must be muzzled at all times, even in its own home.
·  A “pit bull type” dog must be on a leash with a maximum length of 1.25 metres (4 feet), except in dog runs or a place enclosed by a fence with a minimum height of 2 metres (6.5 feet), which mesh is tight enough to keep anyone from introducing a hand or foot.
·  A “pit bull type” dog must always be under the supervision of a person 18 years of age or more and wear the license tag issued with the special permit.

There are many additional restrictions, prohibitions, conditions and requirements pertaining to ownership of a “pit bull type” dog.  Please read the By-Law for all provisions.

If the owner of a “pit bull type” dog fails to meet the restrictions, under the By-Law the dog must be killed, despite the dog having done nothing wrong.

DOG BITES AND ATTACKS

If a dog bit and killed a person or another animal of a permitted species (“dangerous dog”, the guardian must:
·  notify the “authority having jurisdiction” of the City within 72 hours of the event;
·  have the dog killed following a kill order by the “authority having jurisdiction” of the City; and,
·  muzzle the animal at all times when outside the home until the dog is killed.

If a dog bit a person or by biting caused a skin laceration to another animal of a permitted species (“at-risk dog”), the guardian must:
·  notify the “authority having jurisdiction” of the City within 72 hours of the event;
·  muzzle the animal at all times when outside the guardian’s home until further notice issued by the “authority having jurisdiction” of the City issues a notice to the contrary;
·  comply with the written notice sent by the “authority having jurisdiction” of the City and bring the dog to the place and on the date and time indicated in the notice for assessment of the dog by the City expert.
·  If the dog is declared dangerous to the public safety by the “authority having jurisdiction, the guardian of the dog must have the dog killed in accordance with the City kill order.
·  When the dog is declared not dangerous to public safety by the “authority having jurisdiction” the “authority having jurisdiction” may require that the guardian obtain a special license for an at-risk dog and comply with the extensive and specific special conditions for at-risk dogs set out under the By-Law.
·  The at-risk dog must remain in the place determined in the written notice issued by the “authority having jurisdiction” until special conditions have been imposed with regard to the dog.
·  The guardian of an at-risk dog who omits or neglects to obtain a special license for an at-risk dog as required by the “authority having jurisdiction” is guilty of an offence under the By-Law.
·  The special license for keeping an at-risk dog is revoked if the holder is declared guilty of an offence under the at-risk dog section of the By-Law and must have the dog killed in accordance with a kill order issued by the “authority having jurisdiction”.

If an at-risk dog again bites a person or an animal, the dog’s guardian must have the dog killed in accordance with a kill order issued by the “authority having jurisdiction”.

The guardian of a dangerous or at-risk dog is responsible for all expenses incurred by the City under Section VII of the By-Law.

The guardian of a dog who contravenes a special condition imposed on an at-risk dog; who within 48 hours following the kill order issued by the “authority having jurisdiction” has not brought the dog to a veterinarian or shelter for killing; or, who within 72 hours of the death of the dog fails to provide to the “authority having jurisdiction” with a certificate signed by the person who performed the killing, is guilty of an offence under the By-Law.

ADDITIONAL PROVISIONS

Among other provisions:

Feeding wild animals such as seagulls, gulls, pigeons, crows, squirrels, raccoons, ducks, fish and stray animals is prohibited.  Community cats are exempted from the definition of “stray animal”.

The only feeding exception is that the owner, tenant or occupant of a household can feed birds using a bird feeder located on their unit.

Fines under the By-Law are very high and a breach of a provision of the By-Law may result in a kill order issued against your animal.

You must read and understand the By-Law to inform yourself and keep your animal(s) safe.

Friday, September 30, 2016

Best Laff of the Week!

The mayor of Kitchener, Ontario thinks that "bullets bounce off pit bulls' skulls".  

Listen (around 5:05) and try not to fall off your chair laughing.

The Current

Why does this mayor think it's difficult to regulate owners?  That's what informed jurisdictions do, and they have breed-neutral legislation that is effective, enforceable and fiscally responsible.

Someone should remind Kitchener's mayor that dog bites are UP, despite Ontario's "breed" (more properly, "type") specific legislation.

The only truly dangerous thing in this province is misinformation. 

Cheri DiNovo was brilliant, as always.  She is absolutely right - regard only the behaviour of the dog and its owner, not the shape of the dog.

Try not to throw up listening to Denis Coderre, who never met a microphone or camera he didn't like.  And the dog "expert" who provided Coderre's "statistics" has been thoroughly debunked.  In fact, Coderre refused to take advice from true dog experts, despite multiple offers from reputable organizations. 

Bronwen Dickey was great, as is her meticulously researched and well-written book "Pit Bull:  The Battle Over an American Icon".

Get a grip, people.  They're just dogs.  Not superbeings, not bulletproof.

Put the blame where it belongs.  On the HUMAN owner.
Not on the shape of the dog.




Thursday, September 29, 2016

Coderre and Minions Making It Impossible for Dog Owners to Get Special Permits

The City of Montreal is clearly trying to stop dog owners from obtaining special permits for their dogs.  Any reference to "ask the city" results in zero information and zero assistance.

Coderre and his tame councillors should remember to whom they answer - the citizens of Montreal.

One person's experience, which is not isolated in the least.  The Mayor won't answer, "For"-voting councillors won't answer, 311 is worse than useless.

"I called 311. I waited 15 minutes for the line. I was shaking. The man was very unpleasant.  [underlining mine]

The 3-hour block I am given to apply in my borough is October 7, 1-4pm.


I asked how I can know whether to buy a regular or a special permit: They don't have any details, perhaps next week. I explained I needed to know now to prepare for next week. He told me not to panic, bylaw only starts next week... [underlining mine]


I asked if my criminal background check done 9 months ago for employment is sufficient or if I have to go run another one. He didn't know. [underlining mine]

I asked what kind of ID is admissible: does it have to have a photo, an address: Doesn't know.
[underlining mine]


I asked what kind of proof of residency is required: Doesn't know.
[underlining mine]


I asked if there will be other dates available, and why I was limited to 3 hours this month. He told me to ask the city.
" [underlining mine]


Tuesday, September 27, 2016

Montreal - Corruption and Evil

N.B.  Constantly being updated.

One of the definitions of corruption is "perversion of integrity".  Another is "dishonest proceedings".

One of the definitions of evil is "morally wrong or bad".  Another is "characterized or accompanied by misfortune or suffering". 

Both of these words apply to the draconian animal control law passed by Montreal Mayor Denis Coderre and the tame,boot-licking City councillors (aka the Minions) which includes "breed" specific legislation ("BSL").  

This corrupt and evil law affects ALL pet owners, not just those of dogs of a certain shape.  The way I read it, there are provisions that ALL pet owners should know about.

  • Restrictions on pets that ban fish and crustaceans.  Well, no more lobster from restaurant tanks for Denis. Get rid of your aquariums in homes and businesses.

  • A four-pet limit with no grandfathering for existing pets and no exemption for fostering rescued animals.

  • Making the feeders of feral cat colonies the "owners" of the colonies and therefore possibly responsible for sterilizing, microchipping, vaccinating and licensing the colony members.
  • The other option is that feral cats may be killed wholesale as "strays".

  • Kennels, catteries and hutches (defined as a place where at least three unsterilized dogs, cats or rabbits are kept under custody of where are advertised or offered for sale or for free an unsterilized dog, cat or rabbit) are banned (which may be a big surprise to purebred catteries);

  • Mandatory annual licensing that requires sterilization and vaccination, with no understanding of the impact of sterilization (read here for dogs) and vaccination, especially for cats (look up injection site sarcoma), and no provision of no- or low-cost veterinary clinics for the less fortunate to have their animals prepared for licensing.  You get nothing for your license money, by the way.  No ride home if your dog or cat is found stray.  It's a Montreal fee grab.
THE BIGGIE
  • Warrantless entry on demand which you cannot refuse to a City of Montreal "competent authority", who is NOT a veterinarian and NOT a police officer and which can include a Berger Blanc for-profit high-kill pound employee or representative, can order the killing of any animal.  THERE IS NO APPEAL PROCESS.
    • Owners of short-haired stocky dogs and anyone who exceeds the four-pet limit or owns one or more animals not in the permitted list should beware.  One of the first dogs seized under Ontario's BSL was a purebred Labrador Retriever.

Democracy is dead in Montreal.  Je me souviens when we were all equal under the law.  In Montreal, no more.

We know about whipped votes in Ontario, and this was a whipped vote.  I think it was a case of "Defy Denis and you die", politically.  

Montreal had the chance to be an incredibly enlightened community like Calgary, with effective legislation and self-sustaining animal control (which the taxpayers would love). Coderre and the Minions blew it.

Instead, Mayor Denis Coderre's heel, with the collusion of his well-trained, tame, boot-licking councillors, will crush the rights and freedoms of law-abiding pet owners.  

Coderre and the Minions have entrenched animal cruelty in law.  

This evil and corrupt law will create the dangerous dogs they purportedly want to control and kill innocent dogs solely because of the way the dogs look (thereby benefiting a for-profit kill pound, Berger Blanc, that has a history of animal cruelty allegations).

Coderre and his minions want to deprive the 97.7% of dog owners that are law-abiding citizens of their rights because:

(a)  they're cowardly - they won't admit that the City of Montreal failed Mme Christine Vadnais and indirectly caused her death with its failure to enforce its then-existing dog laws; and,

(b)  they're lazy - they won't take the time to inform themselves and then pass breed-neutral legislation that is effective and fiscally responsible. 

They'd rather stomp on law-abiding people and thei
r dogs, take the photo ops and sound bites they can get, because they're lazy and cowardly, arrogant and egotistical.

Coderre and his Minions refuse to answer questions from the public and in fact have repeatedly cut off or refused to hear citizens who exercise their democratic right to ask questions of government.

Coderre and his Minions refuse to name the so-called "experts" who advocate failed, fiscally irresponsible legislation.

Coderre and his Minions have entrenched in my mind that the City of Montreal is to be avoided at all costs, because democracy does not rule there.  Only the Rule of Coderre seems to count, and I won't visit a city with a tin pot little tyrant (emphasis on little) running the show.

If it weren't for the horrors that the City of Montreal, courtesy of Coderre and the Minions, plans to inflict on law-abiding dog owners, the webcast of the Montreal city council proceedings today would have been seen as a comedy show.  

Some woman (missed her name) saying emotion shouldn't enter into this and then going straight for the emotional play by using the name of Mme Vadnais.  Something about her dog getting bitten by a "pit bull".  Well, lady, my dog got bitten by a non-"pit bull".  Where's your sympathy for me,or do you save it all for yourself? Might have been two women; I may have nodded off during a shift change.

Anie Samson read straight from the dogsbite.org playbook (for those of you unfamiliar with dogsbite.org, it is a dog-hating site with absolutely no credibility among intelligent, knowledgeable people) and mangled the names of dog breeds.  We were taking bets on which myth she'd spout next.

Some guy (missed his name) saying his children asked him to vote against it but he was going to vote for it.  YO.  Take your children to watch dogs and cats die under the law you voted for, if you're so proud of what you're doing.  All the councillors who voted for this law should take their children, grandchildren and neighbours' children to watch dogs and cats and kittens and puppies die under the law they voted for, if they're so proud.

A couple of Minions I napped through, because I could predict what they were going to say.  Myth, myth, myth.

Some guy (missed his name) who thinks he knows genetics because his wife studied genetics.  Um, sweetie; unless she's a veterinarian, she studied human genetics.  You know, the bipedals that are the most vicious creatures on the planet?

Then, Mr. Tin Pot Tyrant himself, spouting nonsense and doing his best huff and puff. This guy quotes numbers with no proof whatsoever.  Is he making them up as he goes?  He's shameless; his source has been thoroughly debunked.  Whatever, Dennis The Menace.  Go buy another poo statue or some more concrete tree stumps.

A lot of Hail Mary passes going on during the whole stultifying speechifying.

Many, many thanks to the enlightened individuals who spoke against this corrupt and evil law.  I am now a member of Project Montreal, as they were against this by-law from the start.

If this is new to you, read End The Debate, by the Montreal SPCA.

If you oppose legislation that deprives law-abiding people of their rights and innocent dogs of their lives, there are several petitions you can sign.

My Montreal Includes All Dogs

Safer Kinder Communities (from the Montreal SPCA)

For my U.S. friends:
Montreal Banned Pit Bulls So We Ban Montreal

There's a simple answer to the evil and corrupt law passed by Montreal city council.
Don't go there.  Don't spend a cent going to or in Montreal.
Montreal relies heavily on tourism for revenue.  Hit 'em in the wallet.

And with the money you save....
Please donate to the legal challenge of Montreal's corrupt and evil legislation (my words).  
PLEASE wait for information from the Dog Legislation Council of Canada.  Don't give money away to shysters and frauds on GoFundMe and other crowdfunding websites.

Addendum:  The campaign by Roger Giraldeau against the Boucherville dog by-law is legitimate.  Mr. Giraldeau has engaged Julius Gray, a renowned Quebec lawyer, to fight this battle.

Let's take 'em to church and ring their bells.