Loading...
HomeMy WebLinkAbout24 159 - Dog Control By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Being a By-law to regulate the keeping, registration, licensing, control, and welfare of Dogs within the Municipality of Kincardine Whereas Section 8(1) of the Municipal Act, 2001, S.O. 2001, c.25. herein referred to as "the Act", provides that the powers of municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality and to enable the municipality to govern its affairs as it considers appropriate and to ensure the municipality's ability to respond to municipal issues; and Whereas Section 11(3) paragraph 9 of the Act, permits municipalities to pass By-laws respecting matters within the sphere of jurisdiction of "animals"; and Whereas Section 8(3) of the Act provides that a By-law may regulate or prohibit respecting the matter; and, as a part of that power, require Persons to do things respecting the matter, and provide for a system of licenses; and Whereas Sections 103 and 105 of the Act, provide specifically that a By-law may provide for the impounding of animals and the muzzling of Dogs within the municipality; and Whereas Section 391(1) of the Act provides that a municipality may pass By-laws for imposing fees or charges on Persons for services or activities provided or done by or on behalf of it; and Whereas the Dog Owner Liability Act, R.S.O. 1990, provides the rules and regulations that must be followed for the keeping of Dogs; and Whereas the Provincial Animal Welfare Services Act, 2019, S.O. 2019, c.13 as amended by Bill 159, Preventing Unethical Puppy Sales Act, 2024, prohibits the operation of puppy mills; Whereas Section 20 of the Animals for Research Act, RSO 1990, Chapter A.22, as amended, details the terms and conditions under which a municipal Pound may impound a Dog or require a Dog to be destroyed; and Whereas Council deems it expedient and in the public interest to Licence, regulate and control canines in the Municipality and to regulate the care and keeping of canines pursuant to its authority to do so under the Act; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. Definitions "By-law Enforcement Officer" shall mean a Municipal By-law Officer, Police Services including Ontario Provincial Police (OPP), or Person(s) appointed by the Municipality to carry out the provisions of this By-law. "Dam" shall mean the female dog of a mating pair before or after breeding. The mother of a puppy or litter of puppies. "Dog" for licensing purposes, shall mean a neutered male, spayed female canine over the age of three (3) months; otherwise, it shall refer to any domestic Dog; "Dogs Off -Leash Park" shall mean an area of land designated by the Municipality where Dogs are permitted to run at large. "Dog Tag" shall mean a metal piece furnished by the Municipality of Kincardine that bears an identification number and is suitable to be securely fixed on an animal for the purpose of identification. Such Dog Tag is received upon registration of a Dog and payment of the appropriate fee. "Guide Dog" shall mean a Guide Dog as defined in section 1 of the Blind Persons' Rights Act "Hunting Dog" shall mean a Dog used primarily for the purposes of hunting as described in the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41 "Kennel" shall mean any building, structure, dog run or other facility, which houses more than three (3) Dogs for the purpose of breeding, training or boarding for profit or not for profit, but shall not include an animal hospital, pet store or animal shelter. "Licence" shall mean a Licence issued by the Municipality of Kincardine under the provisions of this By-law recording ownership and of the keeping of animals. "Livestock Guardian Dog" shall mean a Dog used for the purpose of protecting Livestock from predators. "Microchip" means a device, designed to an approved Canadian standard, implanted in an animal, containing a unique code that permits or facilitates access by the Municipality to information such as the name and contact information of the animal's Owner. "Municipality" shall mean The Corporation of the Municipality of Kincardine. "Muzzle" shall mean a fastening or covering device of adequate strength over the mouth to prevent a Dog from biting. "Muzzle Order" shall mean an Order issued by a By-law Enforcement Officer for a Muzzle to be placed on a Dog and the Dog to be leashed. "Owner" shall mean and includes a Person who possesses or harbours a Dog and where the Owner is a "minor," the Person responsible for the custody of the minor. "Person" shall mean any human being, association, firm, partnership, private club, incorporated company, agent or trustee and the heirs, executors, or other legal representatives of a Person whom the context can apply according to law. "Police Dog" shall mean a Dog trained for and engaged in law enforcement by any Federal, Provincial or municipal government or government agency. "Pound" shall mean premises and facilities designated by the Municipality of Kincardine and used for the keeping of seized, impounded and/or unclaimed animals that have been impounded pursuant to this By-law or the Dog Owners Liability Act. "Running at Large" means any Dog found in any place other than the premises of the Owner of the Dog or premises upon which they are habitually kept, if not under the direct control of any Person, or within the confines of designated Off - Leash Park which may be designated by the Municipality through By-law from time to time. "Service Animal" shall mean an animal as described in O. Reg. 191/11: Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended from time to time. 2. Administration a. Council shall by By-law, appoint an Animal Control officer, and/or a By-law Enforcement Officer, whose duties shall include administering and enforcing the provisions of this By-law. Page 2 of 11 b. Any administrative duties contained in this By-law may also be performed by the Clerk of the Municipality or any staff member acting under the Clerk's Direction. 3. Care for All Dogs a. No Person shall keep any Dog without providing safe and humane living conditions on the property or residence of the Owner including but not limited to: For a Dog kept outside, reasonable shelter with a roof, walls and bedding sufficient to provide protection, suitable for the breed of the Dog, from extreme weather such as heat, wind, cold, rain or other such condition that may impact the health of the Dog; ii. Sufficient food, water, grooming and care; and iii. Regular opportunity for exercise. b. No Person shall cause, permit, or allow a Dog to be confined in a vehicle or other confined space without appropriate ventilation or left in a vehicle or other confined space if the weather conditions are not suitable for the containment of the Dog. 4. Registration and Licencing of Dogs a. Every Person residing within the limits of the Municipality, who is the Owner of a Dog, shall cause the Dog to be Licenced and shall pay the fee as set out more particularly in the current Municipality of Kincardine Rates and Fees By-law: Within 14 days after the Dog comes into their possession; or ii. After the Dog has reached the age of 3 months of age; iii. By January 15th if the Dog comes into their possession on or after December 15th. b. In order to license a Dog, the Owner of the Dog shall provide to the Municipality with the following information: Name, address, telephone number and email address (if available) of the Dog Owner; ii. Name, age, gender, breed, disposition and colour or marking of the Dog; iii. If the Dog has been spayed or neutered; and iv. Declaration that the Dog has current immunization against rabies provided from a licensed veterinarian; V. Microchip information (if applicable). C. Every Licence issued under this By-law shall expire on January 1st in each calendar year. d. Every Owner shall, following the initial licencing, on or before the 1 st day of January in each and every year, re -License each Dog in their possession and shall pay the fee as set out more particularly in the Municipality of Kincardine Rates and Fees By-law. e. No tag should be used for a Dog other than the one for which it is issued. f. The Owner of a Dog shall notify the Municipality of change in ownership of the Dog or death of the Dog. g. An Owner of a Guide Dog, Service Animal, Livestock Guardian Dogs or Police Dog, upon providing proof that the Dog has been trained and certified as such, shall be granted an exemption from the Licence fee. Page 3 of 11 h. No Person shall make a false statement on any registration or application required under this Licence. 5. Dog Tag a. On payment of the initial licencing fee, the Owner shall be provided with a Dog Tag bearing a serial number for each Dog Licensed. b. Every Owner shall cause the Dog Tag issued by the Municipality to be securely affixed to the Dog at all times. C. In the event the Dog Tag is lost or damaged, the Owner shall apply for a replacement Dog Tag and shall pay a fee as set out in the Municipality of Kincardine Rates and Fees By-law. 6. Microchip a. Every Owner of a Dog that contains a Microchip shall ensure that the Owner's name and contact information, which is accessible from the code in the Microchip, is kept current. 7. Maximum Number of Dogs a. No Person shall own, keep, possess or harbour more than three (3) Dogs at any one time, per dwelling unit, location or residence within the Municipality, with the exception of the following: i. a licensed Kennel; ii. an animal hospital/veterinary clinic; iii. a pet store; iv. a registered research facility or supply facility under the Animals for Research Act, R.S.O. 1990, c. A.22; V. a Pound; or vi. an agricultural location with a valid farm registration number and registered with the Municipality may keep a maximum of five (5) working Livestock Guardian Dogs. 8. Control of Dogs a. Every Person who owns, controls, or harbours a Dog shall forthwith remove any excrement left by such Dog on public or private lands in the Municipality of Kincardine. b. No Person, who owns, harbours or possesses a Dog shall allow the Dog to Run at Large within the Municipality of Kincardine. C. A Dog shall not be considered to be Running at Large, if it is a Guide Dog, Service Dog, Livestock Guardian Dog or Police Dog, provided it is actually engaged in the performance of its duties; or if it is a Hunting Dog actively engaged in hunting or training for hunting on land with the express permission of the Owner. 9. Impoundment a. Any Dog Running at Large may be seized and impounded by the By-law Enforcement Officer. b. Any Person may seize any Dog found running large on public property or on that Person's property and may cause such Dog to be delivered to the Pound. Page 4 of 11 C. Any By-law Enforcement Officer may enter on any public or private property for the purpose of capturing any Dog Running at Large. d. The Manager of Legislative Services/Clerk or duly authorized representative shall from time to time designate a place or places for the establishment, maintenance, and operation of facilities for the impounding of Dogs, which shall be identified as the Pound or Pounds. e. Any Pound keeper in charge of the Pound will impound and detain all Dogs delivered to them by the By-law Enforcement Officer and shall furnish them will sufficient food, water and shelter. f. If a Dog has been seized and impounded under this By-law, the Owner of the impounded Dog shall claim the Dog before the expiry of three (3) business days (excluding weekends and holidays) after the date of seizure and impounding by the animal control officer or By-law Enforcement Officer. If the Owner of the Dog fails to claim the Dog before the expiry of that period, the Pound keeper may sell, destroy or otherwise dispose of the Dog. g. The Owner of an animal is liable to pay the applicable fees for impounding a Dog regardless of whether or not the Dog is claimed from the Pound. h. If the Owner of a Dog seized and impounded under this By-law wishes to claim the Dog, the Owner shall: Pay any applicable reclaim fee as described in the Municipality of Kincardine Rates and Fees By-law; and ii. Dog Tag and licencing fees, if applicable; and iii. Any impoundment costs and veterinary fees incurred, including those incurred by the Municipality. Where a Dog cannot be seized and where the safety of Persons or animals is endangered, the animal control officer or By-law Enforcement Officer may cause the animal to be euthanized immediately. No compensation, damages, fees or any other amount of money on account of or by reason of the seizure, impounding, euthanizing, sale or disposal of a Dog shall be recovered by the Owner or paid by the Municipality, its agents and servants. 10. Dangerous Dogs a. The Owner of a Dog shall exercise all reasonable precautions to prevent the Dog from: biting or attacking a Person or domestic animal; and/or ii. behaving in a manner that threatens or poses a safety risk to Persons or domestic animals. b. The By-law Enforcement Officer or other duly appointed officer may issue the Owner of the Dog with a Muzzle Order and may impose conditions on the Muzzle Order to ensure the health and safety of the Owner, the Dog and other Persons and animals. C. Any Muzzle Order issued under this By-law may be served by: Delivering it personally to the Owner of the Dog; or ii. Posting it up in a conspicuous place on the premises of the Owner; or iii. Sending it by registered mail to the last known address of the Owner of the Dog. Service by registered mail is deemed effective on the fifth (5) day after the day of mailing. Page 5 of 11 d. Notwithstanding any other provision of this By-law, when a Muzzle Order has been issued and served, the Owner of a Dog shall: Not permit the Dog to be off the premises of the Owner unless it is properly leashed and Muzzled; When not otherwise confined inside a dwelling unit, tether the Dog on a chain capable of restraining the Dog, or confining the Dog within a fenced yard sufficient to prevent the Dog from escaping; iii. Put the Dog under the control of a Person at least eighteen (18) years of age or older when not otherwise confined or on the Owner's premises; iv. Comply with any other condition imposed in the Muzzle Order; V. Post dangerous Dog warning signs that remain visible at all times at the premises where the Dog is being kept; and vi. notify the Municipality immediately if the following should occur: Any change in Ownership or residence of the dangerous Dog or potentially dangerous Dog and provide the name, current address, and telephone number of the new Owner; or 2. The Dog is at large, attacks or bites any Person or animal; or 3. The Dog becomes deceased. e. Any Muzzle Order issued under the By-law shall remain in effect unless the Order is rescinded or varied by the By-law Enforcement Officer or other duly appointed officer. 11. Hearing a. Where a Muzzle Order has been issued, the Owner of the Dog may appeal the order in writing, clearly stating the reasons for the appeal request and be delivered to the Clerk within thirty (30) days after receiving the Muzzle Order. b. The request must be accompanied by a hearing fee as per the Municipal Rates and Fees By-law. C. Upon receipt of the application for an appeal and any required fee, the Clerk shall convene a meeting of Council or a Committee of Council and shall give the applicant ten (10) days' written notice by hand delivery, email or registered mail of the date, time and location of the hearing. d. The applicant for an appeal or any other interested party may appear at the hearing to present oral or written evidence related to the Muzzle Order subject of the appeal. e. If the applicant for appeal does not attend the hearing at the proper place and time, Council or its Committee of Council may proceed with the hearing in the applicant's absence. Council or its designate may, at its sole discretion, grant an exemption from the Muzzle Order subject to such conditions as Council considers appropriate. Any decision shall be made at the appeal hearing, or if reserving its decision, shall not be later than ten (10) days following the date of the hearing. g. The decision of Council or its designate at the appeal hearing shall be final and binding. Page 6 of 11 h. A written copy of the decision on appeal shall be delivered to the applicant on appeal by hand delivery, email or by regular mail to the address or email listed on their application for appeal. A request by an Owner for a hearing under this section does not act as a stay of the Muzzle Order. 12. Dogs Off -Leash Park a. The Dogs Off -Leash Park shall mean the area identified by the Municipality by By-law as amended from time to time, and for which signs are posted indicating that Dogs are permitted to run at large. b. All Persons accessing the Dogs Off -Leash Park shall comply with the following conditions and standards: Owners of Dogs whose Dogs are required to be Muzzled, including Pit Bulls as defined in the Dog Owners' Liability Act, may not permit the Dog that is required to be Muzzled to run at large in a Dogs Off - Leash Park. ii. No Person shall permit a Dog to run at large in the Dogs Off -Leash Park unless the Person is in the area signed to permit the Running at Large of Dogs and within sight of the Dog at all times. iii. No Person shall remain in the Dogs Off -Leash Park between sunset and sunrise each day. iv. No Person shall play or practice any sporting activity except walking within the Dogs Off -Leash Park, without prior written permission of the Municipality of Kincardine. V. No Person shall convey to or on, or enter or be on any areas in the Dogs Off -Leash Park while in the possession of any bottles, toys, food, containers or any other articles, equipment, or utensils made of glass, china, ceramic, or other breakable substance capable of causing injury to a Dog. vi. No Person shall permit any animal other than a Dog to be at large in the Dogs Off -Leash Park. vii. No Person shall smoke in the Dogs Off -Leash Park. viii. No Person shall allow a Dog to enter the Dogs Off -Leash Park: 1. without its current municipal Dog Tag affixed to its collar; 2. without its current rabies vaccination tag attached to the Dog's collar; 3. wearing a prong collar or choke chain. ix. Every Person who owns, controls, or harbours a Dogs shall remove any excrement left by such Dog in the Dogs Off -Leash Park. 13. Kennel Application a. No Person shall operate a Kennel in the Municipality of Kincardine, at any time, without having a Kennel Licence. b. No more than one (1) Kennel Licence shall be permitted per property. C. All Kennel Licences shall be valid for a period of one year commencing on January 1st of each year and expiring on December 31 st of the following year. Page 7 of 11 d. An application for a Kennel Licence shall be submitted to the Municipality in the proper form, including a detailed site plan and the appropriate fees in accordance with the Rates and Fees By-law. e. No Person shall operate a Kennel unless they are the Owner of the property on which the Kennel is located. No Licence will be issued or renewed to any Kennel operator that does not comply with this By-law. g. Every Person who holds a Kennel Licence shall keep the Licence posted in a conspicuous place on the premises and shall produce such Licence for inspection when requested by any Person authorized by the Municipality. 14. Licensed Kennel Conditions a. Every Person who applied for and received a Kennel Licence shall meet the following ongoing conditions: Every Licenced Kennel must comply to the guidelines as set out in the most current version of "A Code of Practice for Canadian Kennel Operations of the Canadian Veterinary Medical Association." Requirements and Recommended Practices as amended from time to time. Each Kennel must comply with the provisions of the Municipality of Kincardine Zoning By-law and no Kennel, run or exercise yard shall be erected contrary to the provisions of such Zoning By-law. b. The Owner of a Kennel shall erect and install a fence, with the minimum height of six (6) feet around every pen, run or exercise yard. Every Person who holds a Kennel Licence or the operator of a Kennel shall refuse to admit a Dog into the Kennel unless it is immunized against distemper, hepatitis, rabies, parvovirus, para influenza and Bordetella. If a veterinarian confirms that a Kennel has an outbreak of distemper, hepatitis, rabies, parvo virus, or any infectious or contagious disease, the Kennel may be closed forthwith by an By-law Enforcement Officer, the OSPCA, the Chief Building Official, or his/her designate under the Building Code Act 1992, S.O. 1992, c. 23, the Health Unit or such other Person as may be appointed by Council and/or a police officer and the Licence suspended. The Kennel may reopen and have its Licence reinstated by Manager of Legislative Services/Clerk or duly authorized representative upon a written report from the veterinarian that danger of disease is past. 15. Breeding Kennel — Specific Requirements a. Every Person who applied for and received a Kennel Licence shall comply with the following conditions for the breeding of Dogs: After a female Dog reaches 6 (six) years of age or produced 5 litters, the Kennel operator shall provide a written notification from a qualified veterinarian that the Dog is in good health and that to continue breeding would not compromise the health of the Dog. No Person shall breed a female Dog more than three (3) times in a two- year period or breed more than two (2) litters from a female Dog's consecutive heat cycle. iii. No Person shall breed a parent Dog with any Dog in one of their litters. iv. No parent shall breed Dogs that are siblings of the same parent Dog. V. The Kennel operator is responsible for the animals in their breeding program from the time they are acquired until retirement from the breeding program. Page 8 of 11 vi. Each Kennel operator must have a general plan or a unique plan for each animal, and this plan should detail maximum breeding age or maximum number of litters, and other specific situations that would trigger retirement from the breeding program. vii. Acceptable ways to retire an animal from the breeding program include spay/neuter and being kept by the Kennel operator as a pet or spay/neuter and placing with a qualified family as a pet. viii. Unacceptable ways to retire an animal from the breeding program include medically unnecessary euthanasia or surrender to a shelter, humane society, or rescue group. xi. Every Breeding Kennel Owner or operator shall provide a separate outdoor run for the Dam to prevent transfer of diseases from other adult Dogs to the puppies. All adult breeding Dogs shall receive annual veterinarian checks with required immunizations as per veterinarian recommendations. The records of such immunizations shall be kept by the Kennel Owner and made available to the By-law Enforcement Officer upon request. Full medical disclosure shall be made by the breeder when breeding Dogs are being sold and/or adopted out of the Kennel. 16. Kennel Records a. Every Person who operates a Kennel shall maintain records with the following information: Names and addresses of the Owners of all Dogs cared for at the Kennel. ii. The dates of arrivals and departures of the individual Dogs from the Kennel. iii. Breeding and identification records of all Dam and Stud dogs and the resulting litters. iv. The names and addresses of the purchasers of the individual puppies; and V. Veterinarian records on individual Dogs maintained in the Kennel. 17. Kennel Inspections a. Every Person who holds a Kennel Licence shall, at all reasonable hours, be open to inspection by a By-law Enforcement Officer, an inspector from Provincial Animal Welfare Services (PAWS), or any other such Person trained in the area of disease control and sanitation as may be duly appointed by the Municipality. b. The Owner, operator, and/or manager of the Kennel shall reside on the property on which the Kennel is located. C. Inspections may be conducted throughout the year as deemed necessary by the By-law Enforcement Officer, an inspector from the Provincial Animal Welfare Services (PAWS), or any other such Person trained in the area of disease control and sanitation as may be duly appointed by the Municipality. Page 9 of 11 18. Cancellation of Kennel License a. Upon written notice to the Owner and/or operator of the Dog Kennel, the Municipality may, at any time, cancel a Kennel License when it is in the opinion of the By-law Enforcement Officer or other duly appointed officer the continued operation of the Kennel is not in the best interests of the Municipality. Such grounds for cancellation may include but are not limited to: failure to comply with any provisions of this By-law; ii. failure to comply with Kennel Conditions; iii. hindering or obstructing, or attempting to hinder or obstruct, an inspection of the Kennel; iv. unresolved problems with noise; V. substandard care of Dogs as determined by the By-law Enforcement Officer; vi. substandard conditions of a Kennel, including but not limited to, insufficient food, water, light, heat or sanitation or the presence of excessive excrement, odours, insect, or rodent infestations, as determined by the By-law Enforcement Officer; vii. uses other than permitted by the Kennel License, as determined by the Municipality at its sole discretion. b. Written notice shall be delivered in Person or by registered mail to the registered Owner of the Kennel. C. Where a By-law Enforcement Officer finds that the Owner or Operator of a Kennel does not comply with any regulation in this By-law, they may direct that the animals at the Kennel be seized and impounded at the Pound. 19. Enforcement and Penalty a. This By-law shall be enforced by the Animal Control Officer or By-law Enforcement Officer(s) duly appointed from time to time for the purpose of enforcement of this By-law and whose duty shall be to: Issue fines in the manner set forth in this By-law; ii. Maintain accurate records of all Licences issued pursuant to this By- law and such records must include the Dog Owner's name, address, serial number of the Dog Tag and may include other records such as copies of rabies vaccination and proof of breed; iii. Inspect licensed Kennels once per year, or more frequently as required; iv. Seize and impound Dogs found to be Running at Large; and, V. Carry out any other provisions of this By-law as required. b. The By-law Enforcement Officer may enter, at all reasonable times, upon any property subject to the regulations of this By-law in order to ascertain whether such regulations or directions are being obeyed. C. Every Person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to the penalties as provided for in the Provincial Offences Act, R. S. O. 1990, c. P. 33, as amended. Page 10 of 11 d. The court in which the conviction has been entered, and any Court of competent jurisdiction thereafter, may make an Order prohibiting the continuation or repetition of the offence by the Person convicted and such order shall be in addition to any other penalty imposed. e. Any fees due to the Municipality as a consequence of this By-law and not paid within 30 days shall be deemed to be like taxes and such fees may be added to the municipal tax roll and collected in the same manner as taxes. f. Every act taken pursuant to the predecessor of this By-law shall, as necessary, be deemed to have been taken pursuant to this By-law and ever such act may be carried to its conclusion pursuant to the authority granted by this By-law. 20. Severability/Conflict a. The terms and provisions of this By-law shall be severable and should any term or provision by found by a court of competent jurisdiction to be legally enforceable, inoperative or invalid, the remainder of the By-law shall continue to be in full force and effect. b. This By-law shall supersede and rescind any By-law inconsistent with this By-law including By-law No. 1999-51, By-law No. 2000-026, By-law No. 2009-106, By-law No. 2014-135, and By-law No. 2015-081. 21. That this By-law shall become effective upon its final passage by the Council of the Municipality of Kincardine. 22. This By-law may be cited as the "Dog Control By-law". Read a First, Second and Third Time and Finally passed this 11th day of December, 2024. Kenneth Craig Jennifer Lawrie Signed with ConsignO Cloud (2024/12/18) Signed with ConsignO Cloud (2024/12/18) Verify with verifio.com or Adobe Reader. Verify with verifio.com or Adobe Reader. Mayor Clerk Page 11 of 11