408.1.1
"animal" means any member of the animal kingdom, other than a human, but
does not include a dog over the age of twelve (12) weeks, except when
otherwise indicated; (presently 408.1.1, revised)

408.2.8
A permitted animal means:

(a) mammals which are commonly known as the
following:

cats
chinchillas
degus
dogs, including dogs over the age of twelve
(12) weeks
ferrets
gerbils
guinea pigs
hamsters
hedgehogs
mice
rabbits
rats
sugar gliders

(b) all birds, reptiles, fish and invertebrates which are
not restricted or prohibited animals;

(c) all animals which are used for animal husbandry or
are otherwise permitted by the Zoning By-law. (new
section)

408.2.9
A restricted animal means:

(a) a lizard which will grow to more than 65 cm in length
from snout to vent;

(b) a snake which will grow to more than 2 m in length;

(c) a prohibited animal which was kept or harboured by
its owner on the date the animal was prohibited or
which was purchased by its owner from a pet shop in the
City in accordance with Chapter 575 of the City's
Municipal Code. (new section)

408.2.10
A prohibited animal means:

(i) an animal which is venomous or poisonous in
captivity;

(ii) an animal which is wild-caught;

(iii) an animal whose parent is a prohibited animal;

(iv) a mammal which is not a permitted animal;

(v) birds which are members of the following orders:

Order Anseriformes, for example, but not
limited to, ducks, geese and swans;

Order Casuariiformes, for example, but not
limited to, cassowaries and emus;

Order Galliformes, for example, but not limited
to, grouse and pheasants, except for
non-indigenous quail species which have been
captive-bred for more than 6 generations;

Order Rheiformes, for example, but not limited
to, rheas; and

Order Struchioniformes, for example, but not
limited to, ostriches.

(vi) reptiles which are members of the following orders:

Order Crocodylia, for example, but not limited
to, crocodiles; and

Order Spheodonitida, for example, but not
limited to, tuatara.

(vii) amphibians which are members of the Order
Gymnophobia or Apodacommonly known as legless
amphibians. (new section)

408.2.11
No person shall keep or harbour or permit to be kept or harboured a
prohibited animal. (new section)

408.2.12
The owner of a restricted animal shall comply with the following
requirements:

(a) to register the restricted animal on or before February
15, 2000 or after that date within seven (7) working days
of becoming the owner of the restricted animal by
providing the Poundkeeper with his/her name, address
and telephone number and a description of the restricted
animal;

(b) to keep the restricted animal, when it is on the lands
and premises of the owner, confined under effective
control, as approved by the Poundkeeper:

(c) to keep the restricted animal under the effective
control of an adult person and under leash or otherwise
contained at all times when it is not confined in
accordance with clause (b);

(d) to provide the Poundkeeper with the new address and
telephone number of the owner within two (2) working
days of selling or giving away the restricted animal;

(e) to advise the Poundkeeper within two (2) working
days of the death of the restricted animal;

(f) to advise the Poundkeeper forthwith if the restricted
animal is running at large or has bitten or attacked any
person or animal, including dogs over the age of twelve
(12) weeks. (new section)

408.2.13
Sections 408.2.11 and 408.2.12 of this By-law shall not apply to:

(a) an animal hospital or clinic lawfully operated and
supervised by a veterinarian licensed to practise in
Ontario;

(b) an animal shelter operated by the Kitchener-Waterloo
and North Waterloo Humane Society;

(c) premises registered as a research facility in
accordance with the Animals for Research Act;

(d) the lawful operation of a circus, carnival,
performance, exhibition, zoo or public display;

(e) subject to the approval of the Kitchener-Waterloo and
North Waterloo Humane Society:

(i) premises where animals are being
kept for the purpose of rehabilitating
the individual animal;

(ii) when under the auspices of the
federal or provincial government or
an organization or facility with
appropriate expertise, premises
where animals are being kept for the
purpose of preserving the individual
animal or the animal species,
provided that the premises meet
Canadian Association of Zoos and
Aquarea standards;

(f) day care facilities or educational establishments
where short-term educational programs are being
conducted. (presently 408.2.10, revised)

408.2.14
The Poundkeeper or a resident of the City may request that a committee of
Council, known as the Animal Designation Appeal Committee, conduct a
hearing as to whether:

(a) a species of mammal should be added to Section
408.2.8 as a permitted animal or to Section 408.2.9 as a
restricted animal; or

(b) a species of bird, reptile, amphibian, fish or
invertebrate should be added to Section 408.2.9 as a
restricted animal or to Section 408.2.10 as a prohibited
animal. (new section)

408.2.15

(a) Requests from residents shall be submitted between
January 1 andFebruary 15 of each year.

(b) One request from a resident in regard to Section
408.2.14(a) and one request from a resident in regard to
Section 408.2.14(b), such requests to be chosen by lottery
after February 15 if necessary, shall be considered by the
Animal Designation Appeal Committee during the
remainder of the year.

(c) No more than one hearing shall be conducted for any
one animal species except with leave of the Animal
Designation Appeal Committee and the Animal
Designation Appeal Committee, in considering whether
or not leave should be granted, shall consider whether
there is new and significant evidence to be heard. (new
section)

408.2.16
The Animal Designation Appeal Committee may recommend to Council
that:

(a) a mammal species be added to Chapter 408 as a
permitted or a restricted animal if:

(i) the mammal species has been
captive-bred for at least 10
generations;

(ii) the general public is capable of
providing a level of care for the
animal species which protects it from
suffering at all stages of its life,
considering the animal's physical and
psychological or behavioural
well-being;

(iii) the danger the animal species
may present to public health or safety
is minimal; and

(iv) the danger the animal species
may present to the local ecosystem
should it escape or be released is
minimal.

(b) a bird species be added to Chapter 408 as a
restricted or prohibited animal if:

(i) the bird species has been
captive-bred for less than 6
generations;

(ii) the general public is not capable
of providing a level of care for the
animal species which protects it from
suffering at all stages of its life,
considering the animal's physical and
psychological or behavioural
well-being;

(iii) the danger the animal species
may present to public health or safety
is not minimal; or

(iv) the danger the animal species
may present to the local ecosystem
should it escape or be released is not
minimal.

(c) a reptile, amphibian, fish or invertebrate species be
added to the By-law as a restricted or prohibited animal
if:

(i) the general public is not capable
of providing a level of care for the
animal species which protects it from
suffering at all stages of its life,
considering the animal's physical and
psychological or behavioural
well-being;

(ii) the danger the animal species
may present to public health or safety
is not minimal; or

(iii) the danger the animal species
may present to the local ecosystem
should it escape or be released is not
minimal. (new section)

408.2.17
The Animal Designation Appeal Committee may require any person to give
evidence relevant to the subject matter of a hearing.

408.2.18
The Regional Medical Officer of Health and any Health Inspector, the
Chief Fire Prevention Officer and any Fire Inspector, the Chief Building
Official and any Building/Plumbing Inspector, Property Standards Officer
or Municipal Law Enforcement Officer, and the Poundkeeper and any
Ontario Society for the Prevention of Cruelty to Animals Inspector may, at
all reasonable times during normal business hours, enter upon and inspect
any lands and premises where animals are kept for the purpose of insuring
compliance with the provisions of this Chapter. (presently 408.2.11)

Chapter 575 (Pet Shop)

575.3.2(i)
sell or keep for sale in a pet shop within the City any animal which is not
permitted to be kept within the boundaries of the City as provided by
by-law, provided that a keeper of pet shop may sell or keep for sale a
prohibited animal if that animal is in stock on the date on which it is
prohibited;

575.3.7
Every pet shop keeper shall ensure that every City resident who is sold a
restricted animal is advised of the registration requirements found in
Chapter 408 of the City's Municipal Code.