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HomeMy WebLinkAboutKIN 91 016 Dogs Running/Large THE CORPORATION OF THE TOWN OF KINCARDINE . f~ð~ Ì'f.4>; -^ "" ._.~ .1 ..... .,,' '":/.5''' ç ~.pY) BY-LAW BY-LAW NO. 1991 -16 A BY-LAW TO PROHIBIT THE RUNNING AT LARGE OF DOGS IN THE TOWN OF KINCARDINE, FOR APPOINTING AN ANIMAL CONTROL OFFICER, FOR IMPOSING A LICENSE FEE ON THE OWNERS OF DOGS, FOR REGULATING THE DISPOSAL OF DOGS FOUND RUNNING AT LARGE IN THE SAID TOWN, AND FOR OTHER MATTERS RELATING TO DOGS. WHEREAS the municipal Council of The Corporation of the Town of Kincardine deems it desirable to prohibit the running at large of dogs in the Town, and to appoint an Animal Control Officer, and to provide for the seizing, impounding and destroying of dogs found running at large as hereinafter set forth and for licensing and regulating the owners of dogs in the said Town within the meaning of the Municipal Act, R.S.O., 1980, Chapter 302, as amended; AND WHEREAS municipal councils may, under the authority of Section 210, paragraph 1 of the Municipal Act, R.S.O. 1980, Chapter 302, pass by-laws for restricting the number of animals or any class thereof that may be kept by any person in or about any dwelling unit within the municipality or defined area thereof. NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1 . 0 DEFINITIONS 1.1 In this by-law, the words "Animal Control Officer" shall mean the person or persons so designated by the Municipal Council of the Corporation of the Town of Kincardine. 1.2 In this by-law, the word "dog" means a male or female dog. 1.3 For the purpose of this by-law, a dog shall be deemed to runn~ng at large when found in any place other than the premlses of the owner of the dog and not under the control of any person. 1.4 In this by-law, an "owner" of a dog includes any person who possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor. . . ./2 Page 2 By-law No. 1991-16 1.5 For the purpose of this by-law, the person or persons designated as the "Animal Control Officer" shall be deemed to be a "Pound-Keeper" for the Town and the place or places so designated by the Municipal Council of The Corporation of the Town of Kincardine shall be deemed to be the "Pound" or "Pounds", as the case may be. . 1.6 In this by-law, "pure-bred dog" means a dog registered or eligible for registration with an Association incorporated under the Animal pedigree Act (Canada). 2.0 ANIMAL CONTROL OFFICER 2.1 Council shall, by by-law, appoint an Animal Control Officer whose duty it shall be to: 2.1.1 issue licenses and dog tags in accordance with the provisions of this By-law; 2.1.2 collect license fees in accordance with the provisions of this By-law; 2.1.3 assist in the prosecution of any contraventions of this By-law; 2.1.4 keep accurate records of all licenses and dog tags issued pursuant to this By-law and such records must show the dog owner's name and address and the serial number of the dog tag; 2.1.5 report to the Administrator and Council once a month on all matters relating to this By-law; and 2.1.6 carry out orders of the administrator and Council within the authority of this By-law. 2.2 Council may, at any time, by resolution, appoint a person recommended by the Animal Control Officer as a Deputy Animal Control Officer whose duty shall be to replace the Animal Control Officer during the absence from the Town of the Animal Control Officer. During the absence from the Town of the Animal Control Officer, the Deputy Animal Control Officer shall have the same duties as are herein set forth for the Animal Control Officer. 2.3 The Animal Control Officer shall be remuneration as fixed by Council. paid such 3.0 POUND 3.1 Council shall, from time to time, designate a place or places within or outside the Town as Town of Kincardine Pound or Pounds. 4.0 LICENSES AND DOG TAGS . 4.1 In the year 1991 and thereafter in any year until this by-law is repealed, every person residing temporarily or permanently within the limits of the Town, being the owner of a dog shall, on or before the 31st day of January in each and every year cause such dog to be registered with the Animal Control Officer and shall procure a license therefor, which license shall expire on the 31st day of December in each year in which the same was issued. .. ./3 Page 3 By-law No. 1991-16 . Every owner of a dog shall cause a dog tag to be securely affixed on the dog at all times (until the tag is renewed or replaced) bearing figures or marks indicating that the license fee as hereinafter set out has been paid for the current year. Said tag shall be supplied by the Animal Control Officer upon the payment of the license fee. 4.3 Every person residing temporarily or permanently within the limits of the Town of Kincardine, being the owner of a dog within the limits of the Corporation, shall, within ten (10) days after becoming the owner of such dog, cause the dog to be registered with the town clerk and procure a license therefor, which license shall expire on the 31st day of December in each year in which the same was issued. 4.2 4.4 The dog tag shall bear the serial number and the year in which it was issued and no person shall remove the tag from a licensed dog; however, said dog tag may be removed while the dog is being lawfully used for hunting in the bush. 4.5 No license or dog tag or kennel license shall be transferable within the corporate limits of the Town of Kincardine provided said license or dog tag was issued by the Town of Kincardine in the first instance. 5.0 LICENSE FEES 5.1 That it is hereby imposed and shall be collected by the Animal Control Officer from the owner of every dog or the owner of a kennel in the Town, an annual license fee as set out in the Town's Consolidated Fee By-law. 5.2 Where a certificate is produced from the Canadian National Institute for the Blind stating that a dog is being used as a guide for a blind person, no fee shall be charged for a license under this by-law. 5.3 Notwithstanding the provisions of this by-law, the town clerk is authorized and directed to have dog and kennel licenses for sale in his office and the clerk shall have the same authority as the Animal Control Officer to collect license fees, issue licenses and supply tags. All license fees collected by the Animal Control Officer shall be paid to the Town's treasurer within one (1) month of the receipt thereof together with an appropriate explanatory statement. 6.0 !{ENNELS {frn£J1ded -1F ¡qq5 -'išfo 6.1 Notwithstanding Sections 4.1, 4.2 and 4.3 of this by-law, the license fee for the kennel of pure-bred dogs shall be paid by the owner to the Animal Control Officer as follows: . In the year 1991 and each year thereafter until this by-law is repealed (a) on or before the 31st day of January in each and every year, or (b) within ten (10) days after becoming the owner of such kennel in cases where ownership of the kennel is after the 31st day of January in any year. .. ./4 Page 4 By-law No. 1991-16 6.2 No kennel shall be erected or maintained subsequent to the passing of this by-law unless prior written evidence has been delivered to the Animal Control Officer confirming that all dogs harboured in the kennel are registered or eligible for registration with an Association incorporated under The Animal Pedigree Act ( Canada) . . 6.3 No the the kennel shall be erected or maintained subsequent passing of this By-law contrary to the provisions Town's Comprehensive Zoning By-law. to of 7.0. DOGS RUNNING AT LARGE . 7.1 No owner of a dog shall allow or permit such dog to run at large in the Town of Kincardine. 7.2 A dog found running at large contrary to the provisions of this by-law may be seized and impounded in a Town Pound; a dog so impounded shall be held for a period of seventy-twó (72) hours (not including Saturdays, Sundays or statutory holidays) and if not claimed and released to the owner thereof within such period of time may be then destroyed or sold by the pound-Keeper as he deems fit. The selling price of any dog so sold shall belong to the Town. Any dog impounded shall not be released until the owner thereof pays to the pound-Keeper the sum of money as established in the Town's Consolidated Fee By-Law. 7.3 The owner of every dog impounded, if known, whether or not the dog is claimed by the owner from the pound, shall be liable for the payment of the Pound and boarding fee as set out in Section 7.2 above, and shall pay all fees on demand to the Pound-Keeper. 7.4 The mayor of the Town may, at his/her discretion whenever claims are being made upon the Town for damages for loss of domestic animals and poultry destroyed by dogs, or whenever the disease of rabies is prevalent may issue a proclamation directing all dogs to be confined, tied up or muzzled for a specific period of time as set forth in such proclamation. 7.5 Any animal displaying any signs of being rabid shall be immediately destroyed by its owner or by the Animal Control Officer. Immediately following the destruction of such animal, the owner shall notify the Animal Control Officer who shall immediately notify the local health unit and investigate the matter. 7.6 Where a dog is alleged to have bitten any person, such dog may be impounded and held by the Animal Control Officer until proceedings under The Dog Owners' Liability Act, R.S.O. 1980 have been followed, provided that no dog shall be so impounded or held for a period in excess of twenty-one (21) days unless otherwise ordered by the Provincial Judge. 8.0 DOG WASTE 8.1 Every person who owns, harbours, possesses or is in control of any dog shall remove forthwith and dispose of any excrement left by said dog on any property in the Town of Kincardine, other than the premises of the owner of the dog. .. ./5 Page 5 9.0 9.1 . 9.2 By-law No. 1991-16 MUZZLING OR LEASHING OF DOGS Notwithstanding Section 7.6, every owner of a dog after is has bitten a person or a domestic animal shall ensure that said dog is muzzled or leashed while said dog is on any property in the Town of Kincardine, including the premises of the owner of the dog. Where the owner of the dog objects to the muzzling or leashing requirement set forth in Section 9.1 above, the owner of the dog may request and is entitled to a hearing by the Council of the Town of Kincardine. The Council of the Town of Kincardine may, by resolution, delegate the holding of the aforesaid hearing to a committee of Councilor to the Animal control Officer. Councilor committee of Councilor the Animal Control Officer, if so delegated, may, in its/his/her sole discretion, exempt the owner from the muzzling or leashing requirement contained in Section 9.1 above. 10.0 DOGS ON BEACHES No person shall take or permit any animal owned controlled by such a person upon the beaches in the of Kincardine between May 15th to October 1st of year. 10.2 For the purposes of Section 10.1, the beaches shall be defined as the public property running the entire length of Kincardine and lying west of Goderich Street, Saugeen street, Huron Terrace, Shevchenko and Block "B", Plan 638 (whichever is further west). 10.1 or Town each 10.3 The public works department shall install signs informing the public of the restrictions of this by-law. 11.0 MISCELLANEOUS MATTERS 11.1 The Town, its agents and servants and the Pound-Keeper shall not be liable for damages or compensation for any dog killed under the provisions of this by-law and no such damages or compensation shall be paid to any person. 11.2 Subject to the provisions of Section 6 of this by-law, no owner or occupier of a premises shall keep more than three (3) dogs on said premises. For the purpose of this paragraph, puppies that have not been weaned shall not be counted in determining the number of dogs on the premises. 12.0 PENALTY PROVISIONS 12.1 Where any of the provisions of this by-law have been contravened, the Animal Control Officer may serve a Violation Notice in the amount as established in the Town's Consolidated Fee By-law on any person contravening any of the provisions of this By-law. Any person receiving such a Violation Notice may pay the amount as set out in the Town's Consolidated Fee By-law directly to the Animal Control Officer or the town clerk within seven (7) days of receipt of said Violation Notice. 12.2 Payment of the aforesaid Violation Notice is a voluntary out-of-Court settlement and, if payment is not made in accordance with Section 12.1 above, the provisions of Section 12.3 of this by-law shall apply. . .. ./6 . . page 6 By-law No. 1991-16 Every person who contravenes any provisions of by-law is guilty of an offence and is subject to penalties as prescribed in the provincial Offences R.S.O. 1980, Chapter 400, as amended. 12.3 13.0 this the Act, REPEAL OF CERTAIN BY-LAWS 13.1 Town of Kincardine By-laws number 4771, 1990-53 and 1987-24 and any other by-law inconsistent with the provisions of this by-law are hereby repealed. 13.2 This by-law shall come into force upon the date of its final passing. 13.3 This by-law may be cited as the "Dog Control By-law". READ a FIRST and SECOND time this 21st day of February, 1991. ¡j . I . tíuut G) v'1~~lV Mayor ~ READ a THIRD time and FINALLY PASSED this day 7th of March, 1991. ; /1 ; ell/ ¡{ fi: J0/Lé// lJ Uf,{4j£ì"\' Mayor