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.

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