Loading...
HomeMy WebLinkAboutTIV 78 050 Dog License THE CORPORATION OF THE VILLAGE OF TI ERTON BY-LAW NUMBER 1978 - 50 A BY-LAW TO PROVIDE FOR THE LICENSING, REGULAT ON AND REGISTRATION OF DOGS. WHEREAS The Dog Tax and Live stock Protection Act, The Animals for Research Act, Vicious Dogs Act, The Public Health Act and T contain certain provisions relating to dogs, i enabling municipalities to pass by-laws relati d Poultry he Pounds Act, The e Municipal Act cluding provisions to dogs; AND WHEREAS it is considered desirab e to pass a by-law to provide for the licensing, regulation and r gistration. of dogs within the Village of Tiverton or defined area thereof; NOW THEREFORE the Council of Village of Tiverton ENACTS AS FOLLOWS: TITLE oration of the 1. This By-law may be referred to as "The Dog Control By-law". DEFINITIONS 2. (a) "Animal Control Officer" shall mean society or association appointed by Tiverton to enforce this By-law and of such person or association or soci such purposes. "Doq" means any member of the "Guide DOg" means a dog that and ac~ively in use for such (d) "Kennel" means: (b) (c) e person or persons, e Village of y servant or agent ty employed for Canis Familiaris. to aid the blind (i) A place or confine where purebr dogs are bred and and raised and registered in th Register for the Canadian Kennel Club Incorporat d, or, (ii) A place or confine where dogs a e bred or raised as a recognized class or as a clas designated as "purebred" in the regulations 0 the aforesaid Club. (e) "Licence" for the purpose of this by- aw shall be deemed to bë the receipt issued by the Treas of the Village of Tiverton or his authorized agent, payment of the appropriate tax or licence fee. (f) "Owner" shall include any person who ossesses or harbours animals~and owns or owned shall have corresponding meaning and shall include a pe.son or persons who are temporarily the keeper of animals. (g) "Person" shall mean any individual, fOrm, incorporated group, business entity or club to wh the context can apply. .;--.."" i 3. - 2 - (h) "Police Work DOq" shall mean a dog tr enforcement officers and is actually work purposes for the protection of t the investigation of crime and the ap violators. (i) "Pound" shall mean such premises and acilities designated by Tiverton as a Pound. (j) "Poundkeeper" shall mean a person, pe sons, association or society appointed by Tiverton to main ain and administer the Pound. (k) "Purebred" shall mean bred from stock having no admixture as certified by a competent authority. (1) "Requlations" means the regulations de under The Dog Tax and Live Stock and Poultry protec ion Act, R.S.O. 1970, Chapter 111, Section 1. ined to aid law eing used for police e pUblic, including rehension of law (m) "Society" or "Humane Society" means t e branch of the Ontario Humane Society, (Ontario Soci ty for the Prevention of Cruelty to Animals). (n) "Supply Facility" means premises, oth r than a research facility, that are used for the breed ng and rearing of animals pursuant to a contract betwe the operator thereof and the operator of a facility. DOG LICENSING REGULATION AND REGIST TION ( a) Every person and resident in Tiverto a dog shall, within thirty (30) days that a dog comes into his or her poss applicable, upon the dog reaching th register the dog with the Corporatio Tiverton, or its authorized agent, a annually on or before the 15th day 0 and every year pay to the Corporatio Tiverton or its authorized agent, a calculated in accordance with Schedu this by-law, and further, as a condi of such licence tag, the owner shall to be bound by the terms of Section A condition of the licence being iss owner of the dog shall satisfy the P duly authorized officer, that housin size or type of the dog is available who is the owner of ollowing the date ssion, or where age of three months, éf the Village of thereafter February in each of the Village of icence fee e "A" attached to ion of the issuance sign an agreement (f) of this By-law. ed is that the undkeeper or other for the breed, (b) On payment of the licence fee in ace rdance with subsectio (a) of this section, the Corporation of the Village of Tiverton or its authorized agent, sh 11 issue for each dog so registered, a serial numbered lie nee tag and shall L - 3 cause the name of the owner, his or h r address and the number of his or her permit, to be en ered in a book to be kept for that purpose. (c) Every owner shall affix to his or her dog the licence tag issued in accordance with subsection (b) of this section and shall keep such tag affixed on th dog at all times until a tag for the next year is purc ased and so affixed. (d) No licence tag or registration under his section shall be t transferable and the licence tag shal expire and become void upon the sale, death or other di posal of the dog. (e) Every licence under this section shal expire on the 31st day of December next following the da e of issue. (f) No person other than the owner or his agent shall remove the licence tag from a dog. (g) Upon application for a licence tag, t produce evidence that the dog has bee an ant!; rabies vaccine withim"a perio months of the date of application for e owner shall inoculated with of twenty-four (24) the license tag. (h) Every applicant for a licence tag for a spayed female dog or a neutered male dog shall prod ce to the Corporation of the Village of Tiverto , or its authorized agent, at the time of maki g application, a certificate of " a veterinary surgeon that such female dog has been spayed, or that such mal dog has been neutered. tag is set out in (i) The replacement fee for a lost Schedule "A" to this By-law. SUPERVISION 4. Any person who is so required by the Village of Tiverton, or its authorized agent, deliver to the Corporation of the Village of T authorized agent, a statement in writing showi male dogs, neutered male dogs, female dogs and dogs owned by such person or which are habitua premises for which such person is assessed as orporation of the hall forthwith verton, or its g the number of spayed female ly kept upon the wner or otherwise. RESTRICTIONS s. (a) No person shall keep more than a tot a of three (3) dogs in any zone in the Village of Tiverto . (b) This (i) section does not apply to: the operation of a kennel for breeding or boarding animals, purpose of - 4 - (H) an.animal hospital owned and op rated by a veterinarian licensed by the On ario Veterinarian Association, a pet store, an Ontario Humane Society shelt r, or the Pound, which complies with this By-law (Hi) (!v) (c) This Section does not apply to three months. der the age of KENNELS 6. Notwithstanding the provisions of Section 3, subsection (a) of this By-law, the owner of a kennel of pureb ed dogs duly registered in the Register of the Canadian Ken el Club Incorporated may pay a total annual licence fee of twenty-f ve (25) dollars in lieu of the licence fee imposed by Section aforesaid if he produces to the Corporation of the Village of iverton, or its authorized agent, a certificate of such regist ation signed by the keeper of such Register, or a certified e ract from such Register, showing that all dogs kept within s h kennel are so registered, and provided further that the own of such kennel holds a current kennel licence issued by the rporation of the Village of Tiverton. 7. Any new applicant for a kennel licence fo a kennel not previously licensed must first obtain clarifi ation that the property location of such kennel complies wit the requiremeats Of the Village of Tiverton Zoning By-law. CONTROL OF DOGS 8.·(a) No person who owns, harbours or poss sses any dog shall allow the dog to run at large, or tr spass on private property even when on a leash. (b) For the purpose of this By-law a dog shall be deemed to be running at large if found in any lace other than the premises of the owner of the dog. (c) A dog shall not be considered to be unning at large if it. is a guide dog or a pOlice work d g, or if it is a hunting dog accompanied by the harbo rer or other responsible adult and is actively en aged in hunting or training for hunting, on unposted la d, or on posted land with the permission of the owne . (d) Any dog running at large contrary to this by-law, may be captured by any or other person duly authorized by t Provincial Court,(Criminal Division) the provisions of olice constable e Judge of the or the Chief of _ L I I I I I i - 5 - Police and delivered to the Animal Co trol Officer or the Pound. (e) Any person may capture any dog runnin at large and trespassing on his property and deliv r same to the Animal Control Officer, who shall imp und the said dog or return same to the owner. An Animal Control Officer or other du may enter on any public property, or with the consent of the owner or tena for the purpose of catching any dog r contrary to the provisions of this By Any dog running at large contrary to this by-law may be impounded and may after provided. (h) For the impounding of all dogs under he provisions of this by-law, a Pound shall be establi hed which complies with the Regulations made pursuant to the Animals for Research AC~ and under the care and c ntrol of the (f) (g) y appointed officer, n private property t of the property, nning at large law. he provisions of e sold as herein- .. ",,·ppoundkeeper, whose duty it shall be t impound all dogs brought to him or her or found by him or her to be running at large contrary to this by- aw, and which have not been returned to their owner and to dispose of the same as hereinafter provided. He or she shall also keep a record of all dogs impoun ed and how disposed of, and make return as required to th Council of the Corporation of the Village of Paisley or such Officer as may be designated by the said Council, showing the number of dogs impounded, how dispose of and the amount collected for poundage fees and proce ., ' (1) It shall be the duty of the person ap purpose, to capture all dogs running to this by-law and return them to the residence, if known, or to impound s shall be confined, subject to the rig redeem the dog in seventy-two (72) ho of impounding, exclusive of holidays impoundment, by paying to the poundke prescribed in Section 9 of this by-la the same are not redeemed within seve as aforesaid, the dog shall become th poundkeeper who may sell the dog or d deems fit, and in either event afores compensation shall be recovered on a killing or its disposition. ointed for that t large contrary owner's habitual e, where they t of the owner to from the time nd the day of per the poundage and in the event ty-two (72) hours property of the spose of it as he id, no damages or ount of its (1 ) (m) - 6 - (j) Where a dog captured under this secti should be destroyed without delay for for reasons of safety to persons or Control Officer or other duly appoin the dog in a humane manner as soon a or she thinks fit without permitting reclaim the dog or without offering in that event no damages or compensa recovered on account of its killing. n is injured or humane reasons or imals, the Animal d officer can kill er capture as he any person to t for sale, and ion shall be lties which may be n within a period of han three (3) s by-law, the icences held by his by-law, and on n shall not be of twelve (12) eve at any time in ncil of the n and with the (k) In addition to any other fees or pen imposed under this by-law, if a pers six (6) months is convicted on more separate occasions of a breach of th Convicting Authority may cancel all such person under the provisions of cancellation of a licence, such pers issued a further licence for a perio months from the date of such cancell e Treasurer for dogs or whenever o issue a confined, tied up me to be named age and during roclamation it Control Officer may be at large such period. a matter covered f one is in (n) Any dog which has a propensity to bi e any person, or has bitten any person, shall be cont olled at all times. (0) It shall and may be lawful for the R his descretion with the assent of Co Corporation of the Village of Tivert discretion of the Medical Officer of claims are being made upon the Villa damages from loss of sheep killed by the disease of rabies is prevalent, proclamation directing all dogs to b or muzzled for a limited period of t in such proclamation, within the Vil the period of time so named in such shall and may be lawful for an Anima to kill or tranquillize any dog whic or is suspected of being rabid durin Excess noise caused by dog barking i in the Municipal Anti-Noise By-law, existence. Where a dog is alleged to have bitte dog may be impounded on the order of or by the Animal Control Officer and poundkeeper until the proceedings re Vicious Dogs Act, R.S.O. 1970, C. 48 provided that no dog shall be so imp in excess of twenty-one (21) days un ordered by the Provincial Judge. any person, such the Chief of Police held by the erred to in the have been fOllowed, unded for a period ess otherwise (p) (q) , , (r) (s) - 7 - Any person who owns, harbours or poss not allow the dog to defecate anywhe~ than that of the owner unless the own excreta is removed and disposed of in When a dog is known to have bitten a Officer of Health may order the agent of the Village of Tiverton to confine supervised quarantine for a period no (14) days in accordance with Regulati amended, of the Revised Regulations 0 pursuant to the Public Health Act. Any dog known to be rabid or suspecte shall be placed in quarantine, or it such a manner that the brain is not d shall be submitted to a laboratory fo It shall be the duty of the peundkeep animals after they have been impounèe the regulations made pursuant to the Act. PENALTIES sses any dog shall on property other ensures that the a sanitary manner. erson the Medical for the Corporation the dog under to exceed fourteen n No. 703, as Ontario, 1970, of being rabid hall be killed in aged and the head diagnosis. r to care for all in accordance with nimals for Research Where Doq Not Impounded 9. (a) (1) Where an Animal Control Officer s unable to seize any dog found to be running at 1 rge contrary to this by-law and the owner of such dog is known to the Animal Control Officer, a violat on notice of ten (10) dollars for the first occurrence may be served by the Animal Control Officer on su h owner who may pay such violation directly to the A imal Control Officer or the Corporation of the Villag of Tiverton or its authorized agent, within seven ( ) days of notificatio by the Animal Control Officer of the occurrence committed under the by-law as af resaid. (ii) The violation notice referred to of this section for a second occ increased to twenty ($20.00) dol the violation notice herein may additional five ($5.00) dollars occurrence. in subsection (a) (i) rrence may be ars and thereafter e increased by an or each subsèquent (iii) The payment of a violation notic as set out in this section is a voluntary out-of-co rt settlement and if payment is not made in accord nee with this section a fine imposed pursuant to this y-law is recoverable under the Summary Convictions Ac . Doqs Seized and Impounded (b) Subject to subsection (e) of this see ion, an Animal Control Officer or a Peace Officer ma : (i) seize and impound any dog found unning at large; and (ii) restore possession of the dog to the owner thereof where: (1) The owner claims possession three (3) days (exclusive 0 and Sundays) after the date The owner pays to the Anima the Peace Officer, a pound dollars for a dog seized an first occurrence and an add (2) of the dog within statutory holidays of seizure; and Control Officer or ee of five ($5.00) impounded on the tional five ($5.00) . - 8 - (c) dollars for each subsequent plus a maintenance sum of u for each day subsequent to that the dog remains impoun Any female dog found to be running at be held at the pound until no longer case not longer than twenty-one (21) owner makes satisfactory arrangements elsewhere. (d) Where a dog is impounded, the owners, or not the dog is clåimed from the po for pound and maintenance fees herein shall pay all fees on demand by the or other designated agent of the Corp of Tiverton. occurrence thereafter to ten (10.00) dolla s he day of seizure ed. large in heat shall n heat, but in any ays, unless the for its confinement if known, and whether nd, shall be liable prescribed, and imal Control Officer ration of the Village (e) Where a dog seized and impounded is i jured or should be destroyed without delay for humane re sons or for reasons of safety to persons or animals, the nimal Control Officer or the Peace Officer may kill the dog in a humane manner as soon after seizure as he or she th"nks fit without offering it for sale and then in that event no damages or compensation shall be recovered on account of its killing. (f) In the event that a dog seized and im ounded is injured and requires the services of a veteri ary surgeon, and in addition, or alternatively, must be d stroyed, the cost thereof shall be paid by the owner of such dog. 10 (a) Any person who contravenes any provis except Section 8 hereof, is, upon s liable to a fine not exceeding one th dollars, exclusive of costs, for each such fine shall be recoverable under Act. on of this by-law ary conviction, usand ($1,000.00) offence, and every he Summary Conviction THIS BY-LAW INTRODUCED AND READ A FIRST, SECON AND THIRD TIME AND FINALLY PASSED AND SIGNED, AND SEALED AND NUMB RED AS I 1978-50 THIS 28TH DAY OF MARCH, 1978. i Reeve ~ Clerk _...,,'--"'.... ....--"'; ~ ",.. I ;..~~ ...,-~,~-~J'O....J.....J'/ ~. _- .~ ;....' ...~_._~._ J V" ~¥ ,.- '-..'- _.~ v ---~ v, '"',F ;; '-/ &~~ '0' -" -.....- ;""-~ '~ ....... --~ :--: ...,~:---...... :~.: - - ,=.,.,. .........: :--- " --;~ " ~ .::- -- -:: .. ~. "" . ~- ·.}r j~.:~-:~~~~:-";".:-_-- .. ~ ~ ~ .......... THE CORPORATION OF THE VILLAGE OF T VERTON SCHEDULE "A" TO BY-LAW NUMBER 1978- 0, ANIMAL LICENCE FEE Owner of a kennel for purebred dogs duly regi in the registry of the Canadian Kennel Club holding a current Kennel Licence tered d · . . . ( a) First Male Dog . . . . . · · · · · · · · · · · · (b) First Female Dog . . . . · · · · · · · · · · · · (c) First Spayed Female Dog · · · · · · · · · · · · (d) First Neutered Male Dog · · · · · · · · · · · · $75.00 $ 5.00 $10.00 $ 5.00 $ 5.00 (Veterinarian's Certificate is necessary to c rtify that dogs have been spayed or neutered.) Any person having more than one (1) dog $20.00 for each additional male, spayed neutered male dog and $50.00 for each ad female dog. (f) Replacement Fee for a Lost Licence Tag. (e) .,~ hall pay emale and itional . . . $ 0.50 -"