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HomeMy WebLinkAboutKIN 80 4305 Con/Licen/Reg/ Dogs , THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 4305 BEING A BY-LAW PROVIDING FOR THE CONTROL, LICENSING AND REGISTRATION OF DOGS WITHIN THE TOWN OF KINCARDINE. WHEREAS IT IS PROVIDED by Section 5 of THE DOG LICENSING AND LIVESTOCK AND POULTRY PROTECTION ACT, Revised Statutes of Ontario 1970, Chapter 133, as amended that Councils of Municipalities may pass by-laws for the licensing and regulating the registration of dogs for imposing a license fee on the owners of them. THEREFORE the Council of the Corporation of the Town of Kincardine ENACTS as follows: . . (a) f~~ (c) (d) . PART 1 That By-law number 4057 of the Town of Kincardine be and the same is hereby repealed. PART 11 "Dog" shall mean either male, female, or spayed female "Owner" shall include possessor or harbourer; and "Owned" shall include possessed or harboured. "Ticket" shall mean a serially numbered notice in triplicate stating: g~ (3) (4) (5) (6) (7) dog. Nature of alleged offence. Date and time of alleged offence. Dog tag number. Name and address of owner. Penalty for alleged offence if paid within prescribed time. Time during which penalty may be paid out of court. The ticket shall be signed by the Canine Control Officer issuing the ticket or other person authorized by the Council of the Municipality. "Canine Control Officer" shall mean the person designated by the Municipal Council of the Corporation of the Town of Kincardine to enforce this by-law. PART 111 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: -2- . For each male dog or spayed female ............................ For each additional male or spayed female dog ................. For each female dog ........................................... For each additional female dog ................................ For each spayed dog, provided proof of the operation is provided in the form of a receipt from the veterinarian .............. 3.00 For each Kennel of pure-bred dogs ............................. 40.00 Provided that where the owner acquired the dog after expiration of 6 months of the year he shall be charged only half of the dog tax. $3.00 4.00 6.00 7.00 . Any owner not procuring a license for his dog on or before the fifteenth day of February in each year shall have a ticket mailed to him by registered mail to his last known place of residence. Any person issued a ticket under the provisions of this by-law for an alleged contravention may within 48 hours after the issuance thereof voluntarily pay to the Canine Control Officer or such other person designated by the Council of the Municipality to receive such payment the sum of $10.00 for the first offence in anyone thirty-day period and $15.00 for the second and subsequent offence or offences in the same thirty day period. This payment shall be received as the payment of a penalty in full satisfaction with respect to the alleged offence and a receipt therefor shall be given to the person making payment. The owner shall also at this time purchase the required number of licenses. 3. No dog tax shall be levied within the Town of Kincardine pursuant to the provisions of Section 2, of the said Dog Licensing and Live Stock and Poultry Protection Act while this by-law remains in force. 2. . 4. (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 twenty- five cents (25¢) per tag. (b) The owner shall keep the current tag securely fixed on the dog at all times during the year, save and except that the tag and collar may be removed while the dog is being lawfully used for hunting deer in the bush. (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 111 shall expire and become void upon the sale, death or otherwise disposal of the dog to which such license and registration relates. . Cont.d - 5. . . 6. -)- A dog if found, whether on or off the property upon which it is habitually kept, whether or not under the control of any person, 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 () 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 sold, destroyed or otherwise disposed of at the discretion of the poundkeeper, the owner thereof shall pay the Canine Control Officer or other designated officer a sum of $15.00 plus the sum of $10.00 for each day or part thereof after the first day during which such dog has been impounded. The cost of destroying any dog shall also be borne by the owner. Any person who contravenes the prov~s~ons of paragraphs one and two is liable to a fine of not less than $15.00 and not more than $50.00 (exclusive of costs) for each contravention and any person who contravenes the provisions of paragraph 4(d) is liable to a fine or not less than $15.00 and not more than $50.00 for each contravention; every such penalty shall be recoverable under the Provincial Offences Act, all provisions of which shall apply except that imprisonment may not exceed twenty-one (21) days for each contravention. PART IV RUNNING AT LARGE OF DOGS 1. 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 leas~ and under the control of any person. 2. The running at large of dogs is prohibited within the Municipality. ). . . 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 im~ounded shall be held for a period of not less than THREE ()) days exclusive of Saturday, Sunday and Public Holidays and if not claimed by and released to the ~wner thereof within such a period of time, may then be sold, destroyed or otherwise disposed of at the discretion of the poundkeeper; except that 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 Canine Control Officer may authorize such veterinarian to destroy such dog immediately; a dog so seized or impounded shall not be released until the owner thereof shall pay to the Canine Control Officer or other person designated by the Council of the Municipality, the sum of $5.00 for maintenance for each day or part thereof after the first day during which the dog has been so impounded plus a penalty of $10.00 in the case of a dog impounded for the first time, a penalty of $20.00 in the case of a dog impounded for the second time, a penalty of $50.00 in the case of a dog impounded for a third time or subsequent time in any thirty day period. " 4. . 5. 6. -4- (a) If the owner or guardian of an impounded dog can be identified said owner shall be notified by the Canine 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 () days exclusive of Saturday, Sunday and Public Holidays and said dog is destroyed then the owner shall bear the cost of destruction. Every owner of a dog who contravenes this By-law is guilty of an offence and on the Provincial Offences Act is liable to a fine or not more than FIFTY ($50.00) dollars exclusive of costs. The small animals which may be destroyed under the provisions of this by-law shall be those seized or impounded by the Canine Control Officer, Police, or any other person designated by Council. 7. The provisions of this by-law shall be enforced by the Canine Control Officer, and the Police Department of the Town of Kincardine. . READ a FIRST and SECOND time this l.th day of SeDtember , 1980. ¿L~L ~or ;""', ~ 7lJAAA~ /·.....C er / / . ~ - day of READ a THIRD time and FINALLY PASSED this l.th , 1980. SeDtember L4,. ;7' #&L - l$flyor . . . /é 41~ ./ '/ -