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Home My WebLink AboutKIN 86 4771 Control/Licenc Dogs THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 4771 . A BY-LAW PROVIDING FOR THE CONTROL, LICENSING AND REGISTRATION OF DOGS WITHIN THE TOWN OF KINCARDINE. WHEREAS it is provided by Part I of The Dog Licensing and Livestock and poultry Protection Act, R.S.O., 1980, Chapter 123, as amended, that councils of municipalities may pass by-laws for the licensing and regulating the registration of dogs and for imposing a license fee on the owners of them. AND WHEREAS the Council for The corporation of the Town of Kincardine desires to enact such a by-law; NOW THEREFORE the Council of the Corporation of the Town of Kincardine ENACTS as follows: PART I DEFINITIONS: PART II 1. In this by-law: a) "dog" means a male or female dog; b) "owner" of a dog includes a person who possesses or harbours a dog, and "owns· and "owned· have a corresponding meaning; c) "ticket" shall mean a serially numbered notice stating: i) nature of alleged offence; ii) date and time of alleged offence; iii) dog tag number, if any; iv) name and address of owner; v) penalty for alleged offence if paid within the prescribed time; vi) time during which penalty may be paid out of court; vii) the ticket shall be signed by the small animal control officer issuing the ticket or other person authorized by Council. d) ·small animal control officer· shall mean the person designated by the Council of the Corporation of the Town of Kincardine to enforce this by-law. LICENSING AND REGISTRATION OF DOGS: 1. Every owner or harbourer of a dog in the Town of Kincardine shall within one week after the dog comes into his possession cause such a dog to be licensed and registered in the office of the clerk of the municipality for the period which will expire on the last day of December and shall thereafter annually on or before the fifteenth day of February in each year cause such dog to be again licensed and registered for one year from the first day of January and shall at the time of licensing and registration pay the license fee applicable thereto, which is hereby imposed upon such owner as follows: e Page 2 4771 . For each spayed female dog or neutered male dog with certificate of verification.........................$ 5.00 For each female dog not spayed or each male dog not neutered, or without a certificate of verification...$ 10.00 Owners of a Kennel for purebred dogs and duly registered in the registry of the Canadian Kennel Club and holding a current Kennel license...........$ 25.00 . . . . 3 Provided that where the owner acquired the dog after expiration of 6 months of the year, he shall be charged only half of the license fee. 2. a) Any owner not procuring a license for his/her dog on or before the fifteenth day of February in each year shall have a Violation Notice mailed to him/her by registered mail to his/her last known place of residence or served personally on him or her. b) Any person issued a Violation Notice under the provisions of Part II, of this by-law for an alleged contravention may within 72 hours after the date of issuance thereon voluntarily pay to the small animal control Officer or such other person designated by the Council of the municipality to receive such payment, the sum of $30.00 (Thirty Dollars) . c) This payment shall be received as the payment of a penalty in full satisfaction with respect to the alleged offence and a receipt therefore shall be issued to the person making payment. d) The owner shall also at this time purchase the required number of licenses. 3. a) On payment of the license fee referred to in Section 1, the owner shall be furnished with a dog tag and paper license for each dog so licensed and registered at a cost of one dollar ($1.00) per tag. b) The owner shall keep the current tag securely fixed on the dog at all times during the year. c) The tag shall bear a serial number and the year for which it was issued and a record shall be kept by the clerk or other officer designated for that purpose, showing the name and address of the owner and serial number of the tag. d) No person shall use a tag upon the dog other than the dog for which such tag was issued. e) No license or registration shall be transferrable and the license and registration referred to in Section 1 of part II shall expire and become void upon the sale, death or otherwise disposal of the dog to which such license and registration relates. - Page 3 . 4771 4. A dog, if found, whether on or off the property upon which it is habitually kept, without a tag, may be impounded in the dog pound. A dog so impounded, shall be held for a period of not less than THREE (3) days exclusive of Saturday, Sunday and public holidays unless previously claimed by the owners thereof, and if not claimed by and released to the owner thereof within such period of time may then be destroyed or otherwise disposed of at the discretion of the small animal control officer. If the dog is claimed, the owner thereof shall pay the small animal control officer or other designated officer the sum of $30.00 (thirty dollars). This payment shall be received as the payment of a penalty in full satisfaction with respect to the alleged offence and a receipt therefore shall be issued to the person making payment, the owner shall also at this time purchase the required number of licenses. If the dog is destroyed, the cost of destroying the dog shall also be borne by the owner in addition to the penalty specified above. 5. a) Any owner not procuring a license for his dog on or before the fifteenth day of February in each year is guilty of an offence and is liable to a fine of $30.00 for each offence. b) Any person: i) who has been convicted of an offence under Part II, Section 2, Subsection (a), or under Part II, Section 4 of this by-law; or ii) who has otherwise paid the fine specified under Part II, Section 2, Subsection (b) or under this Section of this by-law; and iii) who continues in failing to procure a license for the same dog; is guilty of an offence and is liable to a fee of $50.00 for each such offence. c) All penalties provisions of Chapter 400 imposed under this part are recoverable under the provincial Offenses Act, R.S.O. 1980, are in addition to any penalties other parts of this by-law. in the and any PART III RUNNING AT LARGE OF DOGS 1. The running at large of dogs is prohibited within the municipality. 2. For the purpose of this part a dog shall be deemed to be running at large when found in any place other than the premises of the owner of the dog and not on a leash and under the control of any person. 3. . a) A dog which is found running at large contrary to the provisions of this part may be seized and impounded in the dog pound; a dog so impounded shall be held for a period of not less than THREE (3) days exclusive of Saturday, Sunday and public holidays and if not claimed by and released to the owner thereof within such a period of time, may then be destroyed or otherwise disposed of at the discretion of the small animal control officer except where a dog running at large has been injured to the extent that a veterinarian is of the opinion that such dog should be destroyed forthwith, the small animal control officer may authorize such veterinarian to destroy such dog immediately. The cost of destroying any dog shall be borne by the owner. ... .4 Page 4 4771 b) The owner of a dog so seized or impounded under Part III of this by-law is guilty of an offence and shall receive a VIOLATION NOTICE and be subject to a penalty of, in the case of a dog running at large with a tag, $10.00 (ten dollars), in the case of a dog running at large without a tag, $30.00 (thirty dollars). Second and subsequent offenses under Part III, Section 3 shall be subject to a penalty of $50.00 (fifty dollars). These fines are in addition to those imposed under Part II of this by-law. . . ~~ - - 4. a) If the owner or guardian of an impounded dog can be identified, said owner shall be notified by the small animal control officer, which notification shall be sufficiently given if sent by first class mail (prepaid) to the last known place of residence of said owner. If the dog is not claimed within three (3) days exclusive of Saturday, Sunday and public holidays and said dog is destroyed then the owner shall bear the cost of destruction. 5. The small animals which may be destroyed under the prov1s10ns of this by-law shall be those seized or impounded by the small animal control officer, pOlice, or any other person designated by Council. 6. The provisions of this by-law shall be enforced by the small animal control officer, and the Police Department of the Town of Kincardine. PART IV 1. That By-law Number 4305 passed on the 4th 1980 and By-law Number 4553 passed on September, 1983 be and the same are hereby day of September, the 15th day of repealed. 2. That this by-law shall come into full force and effect upon the date of its final passage. 3. The short title for this by-law shall be the ·Dog Control and Licensing By-law·. READ a FIRST and SECOND time this 15th day of October, 1987. READ a THIRD time and FINALLY PASSED this 3rd day oJ> - November , 1987. , - - v-·.>~ -- -<