Markham : Règlement no 2018-91, art. 1 — DEFINITIONS1. in this By-law

DEFINITIONS1. in this By-law:

• “Animal” - means any member of the animal kingdom, other than a human; “Animal Services Officer”- means a person designated and authorized by by-law of the City of Markham to enforce the City of Markham Animal Protection and Services By-law; “Applicant” means a person that is appealing a decision of the Animal Services Officer under the provisions of this By-law; (Amended by By-law 2022-19) “At large” - means being off leash and not under the control of a person and found on any other property than that of the owner of the animal, except where the

owner of a property permits the animal to be on his or her property, or in a public park designated by the City to be an off-leash park; “Bite” - means piercing or puncturing of the skin as a result of contact with a dog’s tooth or teeth; “Cat” - means a male or female cat of the feline domestic species which is over the age of 3 months; “City” - means the Corporation of the City of Markham; “Clerk” or “City Clerk” means the Clerk of the City, as appointed under the authority of the Municipal Act, 2001, S.O. 2001, c.25, as amen ded; (Amended by By-law 2022-19) “Dog” - means a male or female dog which is over the age of 3 months; “ Dog Owners’ Liability Act ” – means the Dog Owners’ Liability Act, R.S.O. 1990, c. D. 16, as amended; “Dwelling Unit” -. means a room or suite of two or more rooms designated or intended for residential use by a person or persons in which culinary and sanitary conveniences are provided for the exclusive use of such person or persons and having a private entrance from outside or from a common hallway or stairway inside and which is located in a residentially zoned part of the City; “Electronic Technology Devises” includes all computers, personal electronic and digital devise, and mobile, cellular and smart phones; (Amended by By-law 2022-19) “Extreme Weather” means a cold warning, heat warning or other weather warning Alert issued by Environment Canada for weather in the City of Markham including But not limited to extreme cold or hot weather, snow storms, freezing rain, heavy Rainfall, hurricanes, tornadoes and/or strong winds; “Hearing” or “Appeal Hearing” means a proceeding held in person, by conference telephone, or by some other City-approved form of communication using Electronic Technology Devises allowing persons to communicate with one another; (Amended by By-law 2022-19) “Hearing Officer” means a person duly appointed to conduct Hearings under the Hearing Officer Appointment By-law 2022-15, as amended; (Amended by By-law 2022-19) “Keep” - means to have temporary or permanent control or possession of an animal, and keeping has the same meaning; “Kennel” - means a licensed enterprise under this By-law dealing with the business of breeding, buying, selling, boarding or fostering of dogs, cats, and other small domestic animals; “Killer traps” - means devices designed to capture and kill animals for which they are set, including but not limited to Conibear traps; “Law Enforcement Working Dog” - means a dog trained to assist law enforcement officers and used by such officers in the execution of their duties; “Leash” - means a chain or other material or device used by a person to restrain a dog, but excludes an electronic leash; “Leg-hold traps” – means devices, other than killer traps or snares, that are designed to capture an animal for which they are set by the leg or foot; “Licence” means a licence issued pursuant to this By-law; “Livestock” - means any domestic fowl (including chickens, geese, ducks, turkeys, guinea fowl, etc.), domestic rabbits (when more than 3 rabbits are kept) horses, donkeys, mules, bulls, oxen, cows or other cattle, goats, pigs, sheep, llamas, mink, emus or ostriches; “Microchip” - means an approved „Canadian Standard‟ encoded identification device implanted into an animal, which contains a unique code that permits or facilitates access to an owner's name and address, which is stored in a central data base; “Muzzle” - A humane fastening or covering device that is strong enough and well- fitted enough To prevent the dog from biting, without interfering with the breathing, panting or vision of the dog or with the dog's ability to drink; “Notice to Muzzle” means a notice issued by the Animal Control Officer, By-Law Enforcement Officer or Ontario Provincial Police Officer to the Owner of muzzling requirements, pursuant to Section 3.5 of this By-Law; (Amended by By-law 2022-19) “Owner” - means any person who possesses or harbors 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 “owns” has the same meaning; “Park” - means a public area controlled by the City and set aside for use by the public for rest, recreation, exercise, pleasure, amusement and enjoyment, and includes playgrounds, sports- fields, wading and swimming areas, public pathways and trails; “Petting Zoo” - means a collection of domestic animals that children may pet and feed and that are not exotic or prohibited animals; “Pit bull” – means “pit bull” as defined by the Dog Owners’ Liability Act, R.S.O. 1990, c. D. 16, as amended; “ Pounds Act ” means the Pounds Act, R.S.O. 1990, c. P. 17; “Prohibited Animal” - means an animal identified as a “prohibited animal” in Schedule “A”- Prohibited Animals; “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. “Restrained” means being kept inside a building or house or in an enclosed pen of sufficient dimensions and strength to be humane and which prevents a dog from coming in contact with persons other than the owner of the dog; “Restricted Pit bull” means “restricted pit bull” as defined by the Dog Owners’ Liability Act, R.S.O. 1990, c. D. 16, as amended; “Senior Citizen” - means a person who is sixty-five (65) years or older and is a resident of the City of Markham; “Shelter” - means such premises and facilities designated as the City’s Animal Shelter and which is used for the purpose of the temporary housing and care of animals that have been impounded or taken into protective care pursuant to this by-law; “Snares” - means devices for the capturing of animals whereby they are caught in a noose; "Tag” - means an identification tag issued by the City which is to be affixed to the collar of the dog or cat for which it was issued; “Valid Rabies Certificate” - means a rabies certificate issued by a licensed veterinarian certifying the dog or cat has been immunized and verifying that it will be current on the date of application for a licence or renewal licence; “Wildlife” - means any Animal that is indigenous to North America, wild by nature or disposition (ferae natural), but does not include the domestic ferret; “Without provocation” - means in the absence of teasing, tormenting, abusing or assaulting actions upon the dog or its owner, either in the past or in the present, by the person or domestic animal which has been bitten by the dog; “Work Order” means an order issued under this By-law to a Person who contravened the By-law or who caused or permitted the contravention, or to the Owner of the Property where the contravention occurred, requiring the Person or Owner to do work to correct the contravention; “Written Warning” means a warning cautioning the Owner of a second bite pursuant to Section 3.5 of this By-Law. (Amended by By-law 2022-19)