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HomeMy WebLinkAboutTIV 87 006 dog license in vill Ii..· " -, 'j 'I THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NUMBER 6-1987 A BY-LAW TO LICENSE, REGULATE AND CONTROL DOGS WITHIN THE VILLAGE OF TIVERTON WHEREAS authority is given to a municipality to enact legislation for the licensing, regulating and controlling of dogs under the provisions of the Dog Licensing and Live Stock and Poultry Protection Act, R.S.O. 1980, Chapter 123, Section 4 (1): AND WHEREAS it is deemed expedient and desirable to provide for the voluntary payment of penalties out of court. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF TIVERTON ENACTS AS FOLLOWS: 1. Definitions in this By-law: (a) PROVINCIAL OFFENCES OFFICER (S) Includes the person or persons who have entered into a contract with the Corporation of the Village of Tiverton to control dogs and maintain a pound. (b) DOG shall mean: Any dog male or female, neutered or spayed. (c) OWNER shall mean: Any person residing within the Municipality of the Village of Tiverton, who is in possession of or who harbours or suffers a dog to remain on or about his or her premises, whether premises be owned, rented or leased, shall be deemed to be the owner of such dog and wherever the word "owner" occurs in this by-law it shall be taken to include owners, possessors or harbourers of dogs. (d) PURE BRED shall mean: (1) Registered or eligible for registration in the Register of the Canadian Kennel Club. (11) If a class designated as "Pure Bred" is in the regulations. (e) REGULATIONS means: The regulations made undere the Dog Licensing and Live Stock and Poultry Protection Act R.S.O. 1980, Chapter 123. (f ) RUNNIØG~A:r'iLARGE: I II I, i I I , I II An animal shall be deemed to be running at large when found in any place other than the premises of the animal and not under the control of any person. 2. (a) No owner shall permit a dog or dogs to run at large within the Village of Tiverton at anytime. (b) All female dogs shall be confined within an enclosed building when in heat. 3. The provisions of this By-Law with respect af licensing shall apply to all dogs twelve (12) weeks of age or older. 4. The owner of every dog shall commencing on or before the 15th day of February of each calendar year or within 10 days of his or her becoming such owner cause it to be registered, numbered and described and licenced and shall at the time of licensing and registration pay to the Corporation of the Village of Tiverton the licence fee calculated in accordance with Schedule "A" attached to this By-law. ii I I -2- 5. On payment of the license fee in accordance with Section 4, the Corporation of the Village of Tiverton or its authorized agent shall issue for each dog so registered, a serial numbered license tag and shall cause the name of the owner, his or her address, and the number of his or her permit, to be entered in a book kept for that purpose. The replacement fee for a lost license tag is set out in Schedule "A" to this By-Law. 6. The owner of every dog shall cause such dog to wear around its neck a durable collar securely fastened to which shall be affixed the tag in accordance with Section 5 and shall keep such tag affixed on the dog at all times until a tag for the next year is purchased and so affixed. . (a) No person shall remove a collar or license from a licensed dog except during a hunting season as prescribed by the law. 7. Every applicant for a license tag for a spayed female dog or a neutered male dog, shall produce a certificate of a veterinary surgeon that such female dog has been spayed, or the such male dog has been neutered. 8 (a) The owner of a kennel of Pure Bred dogs registered in the registry of the Canadian Kennel Club Incorporated shall before any kennel license is issued each and evey year. (i) produce a certificate or registration. (ii) pay an annual fee of $25.00 provided however that no such license shall be issued unless such owner has complied with the requirements of any other by-law of the Village of Tiverton in force from time to time and the owner shall not be liable to pay any further license fee in respect to such pure bred dogs. (b) Every kennel operator shall apply for such license before the 15th day of February in each and every year. (c) (i) For the purpose of this section "householder" shall mean the registered owner or owners, the tenant or tenants or the licenses or licensees of any lands, buildings or premises. (ii) No householder shall keep or permit any other person to keep in or upon any lands, buildings or premises at any time, more than two (2) dogs unless such person has obtained a kennel license pursuant to section 8 (a) of this By-law except that the owner of dam of a litter may keep in or upon said lands, buildings or premises the litter so born until each dog has attained the age of ten (10) weeks. 9. (a) Subject to subsection (iv) of this Section a Provincial Offences Officer may: (i) Seize and impound any dogs found running at large and . (b) Restore possession of the dog to the owner thereof where: (i) the owner claims possession within the redemption period and (ii) the owner pays the Provincial Offences Officer or Pound Keeper a fee and all other expenses occurred in capturing and transporting the said dog. (iii) At the end of the redemption period possession of the dog has not been restored to the owner pursuant to clauses (i) and (ii) of Subsection 1 (b) above, the Provincial Offences Officer or Pound Keeper may sell said dog and all monies belong to the Pound Keeper. (iv) The owner of a dog (s) who has not claimed the animal within the redemption period as set out in clauses (i) and (ii) of Subsection 1 (b) above and the animal has not been sold, the Pound Keeper may destroy the animal or dispose of it as he see fit and no damage or compensation shall be recovered against him and the Pound Keeper shall charge the owner an additional fee of twenty-five ($25.00) for disposal of said dog. -3- (v) A dog seized under Subsection (i) of this section is injured or shall be destroyed without delay for humane reasons or for reasons of safety to a person or animal, a Provincial Offences Officer or Pound Keeper may destroy the dog in a humane manner whether before or after impounding, without offering it for sale and no damages or compensations shall be recovered as a result of the dog being destroyed. (vi) The minimum redemption period shall be three days (3) excluding the day on which the dog was impounded, Sundays and legally declared holidays shall not be included in calculating any redemption period. 10. (a) Any person convicted under this By-Law shall forfeit and pay for a breach of any of the provisions of this By-Law a penalty not exceeding fifty dollars ($50.00) exclusive of cost. .' (b) Every penalty imposed under this Section shall be recovered under the provisions of the Provincial Offences Act, all the provisions of which apply. 11. That By-Law No. 1978-50 is hereby repealed. 12. This By-Law shall come into full force and effect upon the final passing thereof. READ A FIRST AND SECOND TIME THIS /{JT~ DAY OF ~ 1987. m/·.········ R{( ~¥ ? - . ReeVA_ ~.. $::!~~: READ A THIRD TIME AND ~ FINALLY PASSED THIS ,1987. I () dol DAY OF " '. ~aJ~l3~ Clerk , . . THE CORPORATION OF THE VILLAGE OF TIVERTON SCHEDULE "A" TO BY-LAW NUMBER 6-1987 ANIMAL LICENCE FEE Owner of a kennel for purebred dogs duly registered in the registry of The Canadian Kennel Club and holding a current Kennel Licence.................................. $25.00 (a) First Male Dog....-....................... . $ 5.00 (b) First Female Dog......................... . $10.00 Cc) First Spayed Female Dog.................. . $ 5.00 (d) First Neutered Male Dog.................. . $ 5.00 (e) Each Additional Male or Spayed Female..... $20.00 (f) Each Additional Female Dog............... . $50.00 (g) Replacement Fee For a Lost Licence Tag... . $ .25 VILLAGE OF TIVERTON INDEX . Suggested Set Fines Page 1 By-Law No. 6-1987 (A By-Law to Licence, Regulate and Control Dogs) . Page 2 . ~; THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NUMBER 6-1987 A BY-LAW TO LICENCE. REGULATE & CONTROL DOGS .., - ITEM COLUMN 1 COLUMN 2 COLUMN 3 Set Fines (Includes Cost) - - - - 1 Being the Owner of a Dog - Allow it Section 2 (a) $ 28.75 to Run at Large 2 Being the Owner of a Dog - Fail to Section 4 28.75 Obtain Licence 3 Being the Owner of a Dog - Did not Sec tion 6 28.75 Secure tag ~' 4 Keep more than 2 dogs Section 8 (c) (ii) 28.75 " NOTE: The Penalty Provision for the Offences indicated above is Section 10 of By-Law 6 -1987 a Certified Copy of which has been filed. . .' Chief Judge Juga en chef . . . - .~ _3 ~Bd ~1i~ "'-" Ontario , > Provincial Court (Criminal Division) Cour provinciale (Division criminelle) 60 Queen Street West Toronto, Ontario M5H 2M4 60, rue Queen, ouest Toronto, Ontario M5H 2M4 (416) 965-7200 July 22, 1987. Ms. Jean Whelen Clerk-Treasurer The Corporation of the Village of Tiverton, Box 130, Tiverton, Ontario. NOG 2TO Dear Ms. Whelan: Re: Set Fines for Municipal By-Laws In reply to your request for the establish- ment of Set Fines received by the Office of the Director of Crown Attorneys dated March 23, 1987, I enclose a copy of the schedule of set fines for By-Law No. 6-1987, the By-Law indicated in the schedule. The my approval describe the setting of the offences. of the fines does not constitute short form of wording used to I have forwarded a schedule of the set fines, together with a certified copy of the By-Law, to the provincial Offences Court in Walkerton. Yours very truly, / " c. ¿a~ / ief ':fudge. FCH/km Enclosures. . . . . ,. , PROVINCIAL OFFENCES COURT - IT IS ORDERED, pursuant to the provisions of the Provincial Offences Act and the rules for the Provincial Offences Court, that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-Law No. 6-1987, of the Corporation of the Village of Tiverton, attached hereto are the set fines, including costs for those offences for the Provincial Offences Court to take effect July 22nd, 1987. DATED at Toronto this 22nd day of JUly, 1987. - ,./7::¿/ L / // I .. .... . ~'. . -- ............ es,-Chief Judge, ial-Offences Court ///.. ..~ L-,. '.C. ~rovin THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NUMBER 6 -1987 A BY-LAW TO LICENCE. REGULATE & CONTROL DOCS -, - .' ITEM COLUMN 1 COLUMN 2 COLUMN 3 Set Fines (Includes Cos t) - - 1 Being the Owner of a Dog - Allow it Section 2 (a) $ 28.75 to Run at Large 2 Being the Owner of a Dog - Fail to Section 4 28.75 Obtain Licence 3 Being the Owner of a Dog - Did not Section 6 28.75 Secure tag 4 Keep more than 2 dogs Section 8 (c) (ii) 28.75 NOTE: The Penalty Provision for the Offences indicated above is Section 10 of By-Law 6-1987, a Certified Copy of which has been filed .. ~ . . .