Waterloo : Règlement no 2009-047, art. 1 — For the purposes of this bylaw

For the purposes of this bylaw:

• a) “animal” means any member of the animal kingdom, including vertebrates and invertebrates, other than a human;
• b) “applicant” means any person who applies to the City for an exemption permit pursuant to section 6 of this bylaw;
• c) “building” means any structure used or intended to be used for shelter, accommodation or enclosure of person or chattels other than a boundary wall or fence;
• d) “cat” means any registered purebred or common domestic cat, male or female, over the age of twelve (12) weeks unless otherwise specified by this bylaw and shall include a domestic breed of cat that is or appears to be feral;
• f) “Chief Financial Officer” means the Chief Financial Officer of the City, or their designate;
• g) “circus” means a large public entertainment, typically presented in one or more very large tents or in an outdoor or indoor arena, featuring exhibitions of pageantry, feats of skill and daring and performing animals;
• h) “City” means The Corporation of the City of Waterloo;
• i) “City’s Fee Guide” means the listing of all fees and charges approved by Council from time to time;
• j) “Clerk” means Clerk of the City, or their designate;
• k) “Council” means the Council of the City;
• l) “Director of Bylaw Enforcement” means the Director of Bylaw Enforcement of the City, or their designate; l)i) “distress” means the state of being in need of proper care, water, food or shelter or being injured, sick or in pain or suffering;
• m) “dog” means for licensing purposes only, any dog, male or female over the age of twelve (12) weeks;
• n) “doggie daycare” means a place or facility licensed by the City where more than three (3) dogs are kept or boarded but are not kept or boarded between the hours of 9:00 p.m. and 6:00 a.m.; n)i) “domestic” means an animal that is not wild, untamed, uncultivated, feral or brutal in nature of disposition;
• o) “educational facility” means:
• i) a post-secondary institution, such as a college or university, recognized by the Province of Ontario;
• ii) a pre-school, elementary, middle or secondary school operated by the Waterloo Catholic District School Board or the Waterloo Region District School Board; or,
• iii) a private school recognized by the Province of Ontario; o)i) “feed” or “feeding” means the act of furnishing food, or making food available; o)ii) “feeding device” means a mechanism that attracts or is intended to attract wild animals, and shall include anything used to support or contain food, but shall not include a bird feeder used in accordance with this bylaw; o)iii) “food” means any substance or food which could reasonably be expected to be consumed by a wild animal, but does not include:
• i) compost kept in accordance with all applicable bylaws, statutes or regulations;
• ii) landscaping materials used for landscaping purposes; or
• iii) food being grown for human consumption
• p) “fowl” means domestic fowl including but not limited to geese, ducks, turkeys and the young of any of them and includes game birds where the game birds are kept pursuant to a license under the Migratory Birds Convention Act, 1994 as amended, but shall not include chickens, hens, or roosters;
• q) “guide dog” means a dog that is trained as a guide for a blind person or to assist a disabled person and actively used for such purposes;
• r) “harbour” means living with, having care and control of, feeding, leaving food in a manner that is likely to attract a cat or kitten and dog or puppy to a property, and shall also specifically include a situation in which any person provides food to any cat or kitten and dog or puppy;
• s) “hearing ear dog” means a dog that is trained to aid the hearing impaired and actively used for such purposes; s)i) “hen(s)” means a female chicken(s);
• t) “Humane Society” means the Kitchener-Waterloo and North Waterloo Humane Society, including its offices, employees and agents; t)i) “immediate distress” means distress that requires immediate intervention in order to alleviate suffering or preserve life;
• u) “keeper” means a person who keeps domestic fowl or pigeons;
• v) “kennel” means a place or facility licensed by the City where dogs are bred, trained or boarded;
• w) “kitten” means any registered purebred or common domestic cat, male or female, up to the age of twelve (12) weeks unless otherwise specified by this bylaw and shall include a domestic breed of kitten that appears to be feral;
• x) “leash” means a lead or tether no longer than 2.4 meters (8 feet);
• y) “license” means the receipt issued by the City upon payment of the required fee or charge, as outlined in the City’s Fee Guide;
• z) “lot” means a parcel of land occupied or to be occupied by one main building, structure or use, with any accessory buildings or uses, and includes all yards and open spaces required by this bylaw. A lot may or may not be the land shown as a lot on a Registered Plan of Subdivision;
• aa) “Mayor” means the Mayor of the City, or their designate; aa)i) “mitigating factor” means a circumstance which excuses aggressive behavior of a domestic animal and, without limiting the generality of the foregoing, may include circumstances where the animal was:
• i) at the time of the aggressive behavior, acting in defence to an attack by a person or an animal;
• ii) at the time of the aggressive behavior, acting in defence of its young or to a person or domestic animal trespassing on the property of its owner; or
• iii) at the time of the aggressive behavior, being teased, provoked or tormented
• bb) “Municipal Law Enforcement Officer” means a person appointed by the City as a Municipal Law Enforcement Officer pursuant to s. 15 of the Police Services Act, R.S.O. 1990, c. P. 15, as amended;
• cc) “muzzle” means a humane fastening or covering device of adequate strength placed over a dog’s mouth to prevent it from biting;
• dd) “not under the control of any person” means not held on a leash by the owner or any other person or not tied up or contained; dd)i) “nuisance” means a situation that is likely to adversely impact any owner or occupant of property, and includes a situation which:
• i) results in a potential health or safety risk, including but not limited to the accumulation of feces; or
• ii) is likely to interfere with the normal use or enjoyment of property, for any reason, including through odour or noise For greater certainty, without limiting the above, a situation which attracts large numbers of wild animals or wild birds is deemed to constitute a nuisance.
• ee) “owner” means any person who keeps or harbours an animal and where the owner is a minor, the person responsible for custody of the minor; ee)i) “owner of hens” means an owner of a hen or hens kept on property zoned for residential use pursuant to the Zoning Bylaw, and shall not apply to an owner of hens kept on land zoned for agricultural use pursuant to the Zoning Bylaw; ee)ii) “owner(s) of property on which hens are kept” means an owner of property zoned for residential use pursuant to the Zoning Bylaw on which a hen or hens are kept but shall not include an owner of property zoned for agricultural use pursuant to the Zoning Bylaw, with respect to that property;
• ff) “pet shop” means any shop or place where animals for use as pets are sold or kept or offered for sale;
• gg) “petting zoo” means a collection of animals that visitors may pet and feed that are not prohibited animals;
• hh) “Pigeons and other like birds” means pigeons, budgies, canaries, parakeets and other like birds not prohibited by other City bylaws or federal or provincial legislation or regulations;
• ii) “Police Officer” means an officer of the Waterloo Region Police Service;
• jj) “police work dog” means a dog trained to aid police officers and is actually being used for police work purposes for the protection of the public, including the investigation of crime and apprehension of law violators;
• kk) “Pound” means facilities, maintained by the Humane Society where animals are held under the provisions of this bylaw and which shall comply with the provisions of and regulations made pursuant to the Animals for Research Act, R.S.O., 1990, c.A 22, as amended;
• ll) “poundage fees” means the fees and charges set by the Humane Society;
• mm) “purebred” shall mean dogs or cats which are registered or eligible for registration with an association incorporated under the Animal Pedigree Act (Canada), as amended;
• nn) “puppy” means any dog, male or female, 12 weeks of age or younger;
• oo) “Regional Medical Officer of Health” means the Medical Officer of Health of the Regional Municipality of Waterloo, or their designate;
• pp) “running at large” means when an animal is found on a highway or other public place, or on premises other than the premises upon which they are habitually kept, if not under the control of any person, and an animal shall not be deemed to be under the control of any person unless accompanied by an attendant who shall exercise control over the animal at all times. A dog shall not be considered to be running at large if it is a guide dog, hearing ear dog or police work dog as defined; pp)i) “wild animal” means an animal that belongs to a species that is wild by nature or an animal living in its natural habitat but does not include:
• i) a permitted animal kept in accordance with this bylaw;
• ii) a prohibited or restricted animal permitted to be kept by this bylaw and kept in accordance with this bylaw;
• iii) a bird;
• iv) a feral cat; or
• v) an animal being fed as part of research undertaken by a university, college or similar provincially or federally recognized research institution pp)ii) “wild bird” means a bird that is outdoors and not confined to a cage
• qq) “Zoning Bylaw” means any City bylaw passed pursuant to Section 34 of the Planning Act, R.S.O., 1990, c.P. 13, as amended.
• rr) “zoo” means a park-like area in which animals are kept in cages or large enclosures for public exhibition.
• ss) “Administrative Penalty Bylaw” means the Administrative Penalty Bylaw of the City, as amended from time to time, or any successor thereof;
• tt) “Designated Provision” means any section of this bylaw designated in accordance with section 27.1; Farm animals