HomeMy WebLinkAboutKIN 80 4305 Con/Licen/Reg/ Dogs
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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:
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(a)
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(c)
(d)
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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the same is hereby repealed.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:
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(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:
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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.
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Cont.d -
5.
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6.
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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.
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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.
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5.
6.
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(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.
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day of
READ a THIRD time and FINALLY PASSED this l.th
, 1980.
SeDtember
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