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HomeMy WebLinkAboutTWP 91 008 Dog Bylaw , , t . ¿þ ,~ I THE CORPORATION OF THE TOWNSHIP OF KINCARDINE BY-LAW NO. 9/-0f? . BY-LAW TO PROHIBIT THE RUNNING AT LARGE OF DOGS IN THE TOWNSHIP 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 TOWNSHIP, AND FOR OTHER MATTERS RELATING TO DOGS ("THE TOWNSHIP DOG CONTROL BY-LAW"). WHEREAS the Municipal Council of The Corporation of the Township of Kincardine deems it desirable to prohibit the running at large of dogs in the Township, and to appoint an Animal Control Officer, and to provide for the seizing, impounding and killing of . dogs found running at large as hereinafter set forth and for licensing and regulating the owners of dogs in the said To,nship within the meaning of The Municipal Act, R.S.O., 1980, C. 302, as amended¡ AND WHEREAS it is deemed expedient and necessary to exercise the powers conferred upon local municipalities under Section 210, Paragraph 132 of The Municipal Act, R.S.O. 1980, C. 302, as amended . THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF KINCARDINE ENACTS AS FOLLOWS: I. DBFINITIONS 1. (a) 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 Township of Kincardine. (b) In this By-law, the word "dog" means a male or female dog. . (c) For the purpose of this By-law, a dog shall be deemed to be running at large when found in ~ · · · · , ,. . . - 2 - any place other than the premises of the owner of the dog and not under the control of any person. (d) In this By-law, the words "Guide Dog" mean a dog that is trained to aid the blind or hearing impaired and is actively in use for such purposes. (e) 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. (f) In this By-law, the words "Police Work Dog" shall mean a dog trained to aid Law Enforcement Officers and which dog is actually being used for Police Work purposes for the protection of the public, including the investigation of crime and the apprehension of law violators. (g) 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). II . ANIMAL CONTROL OFFICBR 2. (a) Council, in each year, shall, by Resolution, appoint an Animal Control Officer whose duty it shall be to: (i) issue licenses accordance with this By-law¡ and dog tags in the provisions of " . . - 3 - · (ii) collect license fees in accordance with the provisions of Schedule "A" of this By-law¡ (iii) assist in the prosecution of any contraventions of this By-law¡ (iv) 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¡ (v) report to Council once a year on all matters relating to this By-law or at such shorter intervals as requested by Council Resolution¡ (vi) carry out orders of the Head of Council and Council¡ · (vii) administer and implement provisions of this By-law. the 2. (b) The duties contained in Section 2(a) of this By-law may also be performed by the Township Clerk-Treasurer or Township Deputy Clerk- Treasurer. 3. Council may, in each year, 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 Township of the Animal Control Officer. During the absence from the Township 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. 4. The Animal Control Officer shall be paid such remuneration as fixed by Council Resolution. III. POUND 5. Council shall, from time to time, designate a place or · places within or outside the Township as Township of Kincardine Pound or Pounds. , · · · · . . . - 4 - IV. LICENSBS AND DOG TAGS 6. (a) In the year 1990 and thereafter in any year until this By-law is repealed, every person residing temporarily or permanently within the limits of the Township, being the owner of a dog shall, on or before the 15th qay of February 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. (b) 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. 7. Every person residing temporarily or permanently within the limits of the Township of Kincardine, being the owner of a dog within the limits of the Corporation, shall, within Thirty (30) days after becoming the owner of such dog, cause the dog to be registered with the Animal Control Officer and procure a license therefor, which license shall expire on the 31st day of December in each year in which the same was issued. 8. 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 , . . - 5 - while the dog is being lawfully used for hunting in the · bush. · · · 9. The replacement fee for a lost license and dog tag is set out in Schedule "A" of this By-law. 10. No license or dog tag shall be transferable within the corporate limits of the Township of Kincardine and said license or dog tag shall expire and become void upon the sale, death or other disposal of the dog. V. LICENSB FBES 11. 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 Township, an annual license fee as set out in Schedule "Aft attached hereto and forming part of this By-law. 12. Notwithstanding the provisions of this By-law, the Township 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. Subject to the provisions of Section 3 of this By-law, all license fees collected by'the Animal Control Officer shall be paid to the Clerk within One (1) month of the receipt thereof together with an appropriate explanatory statement. VI. SUPERVISION 13. Any person who is so required by the Animal Control Officer shall forthwith deliver to the Township or the Animal Control Officer, a statement, in writing, showing the number of male dogs, neutered male dogs, female dogs and spayed female dogs owned by such person or which are . . . - 6 - habitually kept upon the premises for which such person · is assessed as owner or otherwise. VII. KENNELS 14. Notwithstanding Paragraphs 6 and 7 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: (a) In the year 1990 and each year thereafter until this By-law is repealed (i) on or before the 31st day of January in each and every year, or · (ii) 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. 15. (a) 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). (b) No kennel shall be erected or maintained subsequent to the passing of this By-law contrary to the provisions of the Township's Comprehensive Zoning By-law. VIII. DOGS RONNING AT LARGE 16. No owner of a dog shall allow or permit such dog to run at large in the Township of Kincardine. · · · · . . . - 7 - 17. Any Police Officer may capture any dog running at large and deliver same to the Animal Control Officer who shall impound the said dog or return same to the owner. 18. A dog found running at large contrary to the provisions of this By-law may be seized and impounded in a Township Pound¡ a dog so impounded shall be held for a period of Seventy-Two (72) hours 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 Township. Any dog impounded shall not be released until the owner thereof pays to the Pound-Keeper the sum of Ten ($10.00) Dollars for the first day or any part thereof and the sum of Five ($5.00) Dollars for each additional day or part thereof during which the dog has been impounded together with a further maintenance sum of up to Ten ($10.00) Dollars for each day subsequent to the day of seizure and where the dog remains impounded. 19. 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 Paragraph 19 above, and shall pay all fees on demand to the Pound-Keeper. 20. Any dog found running at large in the Township and which dog cannot be apprehended by the Animal Control Officer shall be reported to the Head of Council and the Head of Council can order such dog to be destroyed. 21. The Head of Council of the Township may, at his · discretion, whenever claims are being made upon the Township for damages for loss of sheep killed by dogs, or whenever the disease of canine madness known as , . . - 8 - · hydrophobia 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, and during the specified period of time, it shall be lawful for any person or persons to kill any dog not properly muzzled running at large within the Township. · 22. A dog shall not be considered to be running at large if it is a Guide Dog or a Police Work Dog or if it is a hunting dog accompanied by the harbourer or other responsible adult and is actively engaged in hunting or training for hunting, on unposted land, or on posted land with the permission of the owner. 23. Any dog known to be rabid shall be immediately destroyed by its owner or by the Animal Control Officer, in such a manner that the brain is not damaged. Thereafter, the head of the dog shall be submitted by its owner or by the Animal Control Officer to a Laboratory for diagnosis. 24. Where a dog captured under this section is injured or · should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer, or other duly appointed Officer, may destroy the dog in a humane manner as soon after capture as he or she thinks fit without permitting any person to reclaim the dog or without offering it for sale and in that event no damages or compensation shall be recovered on account of its killing. 25. 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 " . . - 9 - shall be so impounded or held for a period in excess of · Twenty-One (21) days unless otherwise ordered by the Provincial Judge. IX. DOG WASTE 26. 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 Township, other than the premises of the owner of the dog. · X. JlUZZLING OR LEASHING OF DOGS 27. (a) Every owner of a dog after it 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 Township, including the premises of the owner of the dog. · (b) Where the owner of the dog objects to the muzzling or leashing requirement set forth in Subparagraph (a) above, the owner of the dog may request and is entitled to a Hearing by the Council of the Township. The Council of the Township 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 Subparagraph (a) above. · .J',. ," . . . - 10 - XI . BISCBLLAlŒOUS JIA'l'TBRS · 28. No owner of a dog shall permit the dog to make any noise likely to disturb the inhabitants of the Township of Kincardine. 29. The Township, 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. · 30. Subject to the provisions of Sections l6 and l7 of this By-law, no owner or occupier of a premises shall keep more than Three ( 3 ) dogs on said premises. For the p~rpose of this paragraph, puppies that have not been weaned shall not be counted in determining the number of dogs on the premises. The provisions of this section do not apply to: (a) an animal hospital owned veterinarian licensed Veterinary Association, and operated by a by the Ontario · (b) a pet store, (c) an Ontario Humane Society Shelter or the Pound which complies with this By-law. XII. PENALTY PROVISIONS 31. Every person who contravenes any of the provisions of this By-law shall, upon conviction thereof, forfeit and pay a penalty not exceeding (exclusive of costs) the sum of Two Thousand ($2,000.00) Dollars for each such offence and every such penalty shall be recoverable under The Provincial Offences Act, R.S.O. 1980, Chapter 400, as amended. · . . . - 11 - XIII. REPEAL OF CERTAIN BY-LAWS · 32. Township of Kincardine By-law Numbers 1978-50 and 85-08 and any other By-law inconsistent with the provisions of this By-law are hereby repealed. 33. This By-law shall come into force at the date of its final passing. · READ A FIRST AND SECOND TIME this '.-4LaA7 ,1991. ¥j¡~.t Reeve ~7i day of J2ûd¿IjiL;h READ A THIRD TIME AND FINALLY PASSED this ¿day of '- {k<l....nA:/., 1991. x~ Reevé Jf2'""Ic.~¡P¿ · · · · · · · . . . THE CORPORATION OF THE TOWNSHIP OF KINCARDINE SCHEDULE "Aft TO BY-LAW NUMBER Owner of a Kennel for pure-bred dogs duly registered in the Registry of The Canadian Kennel Club and holding a current Kennel License (a) First Male Dog (b) First Female Dog (c) First Spayed Female Dog (d) First Neutered Male Dog (e) Any person having more than One (l) dog shall pay $20.00 for each additional male, spayed female and neutered male dog and $50.00 for each additional female dog (f) Replacement fee for a lost License/Tag $75.00 10.00 19.00 /1 lO.OO lO.OO .50 ~ '. ".'" . · · · · .' . . . 16. 17. 15. .13. 14. 10. ll. 12. 7. 8. 9. 6. 1. 2. 3. 4. .S. ITEM - SCHEDULE "A THE CORPORATION OF THE TOWNSHIP OF KINCARDINE BY-IAW NUMBER 4J/4~fl TITLE: BY-LAW TO CONTROL DOGS - COLUMN 1 COLUMN 2 COLUMN 3 Failing to procure a dog license Section 6 Failing to license dog annually Section 6 Fáiling to attach dog tag at all times Section 6 Failing to attach properly marked dog tag Section 6 Failing to register a dog within Ten (10) days . of ownership of dog section 7 Failing to procure dog license within Ten (10) days of ownership of dog Section 7 Removal of tag from licensed dog Section 8 Failing to produce evidence that dog has been inoculated Section 9 Failing to produce a Certificate that dog has been spayed or neutered Section 10 Permitting transfer of license or dog tag Section 12 Failing to produce statement showing the number of dogs Section 15 Failing to pay kennel license fee annually Section 16 Failing to pay kennel license fee within Ten (10) days of ownership Section 16 Er.ecting kennel without approval from Ministry of Agriculture and Food section 17(a) Maintaining kennel without approval from Ministry of Agriculture and Food section 17(a) Erecting kennel contrary to Township zoning By-law Section 17(b) Maintaining kennel contrary to Township Zoning By-law Section 17 (b) . . . . 2 TOWNSHIP OF KINCARDINE BY-IAW NO. TITLE: BY-LAW TO CONTROL DOGS ITEM COLUMN 1 COLUMN 2 COLUMN 3 18. Allowing dog to run at large Section 18 .19. Failing to pay dog impoundment fees Sections 19 & 20 20. Failing to remove dog waste Section 27 21. Failing to muzzle or leash dog that has bitten Section 28(a) 22. Permitting dog to make noise Section 29 23. Keeping more than Three (3) dogs on premises Section 31 NOTE: The penalty provision for the offences indicated above is Section 31 of By-law Number 9- , a certified copy of which has been filed. . . . . . .