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HomeMy WebLinkAboutBRU 91 004 Amend #91-8 dog lice . .. -I- "l' $ . .. ,:; TBB CORPORATIOII OF TBB TOWNSHIP OF BRUCH BY-LAW NO. 91-4 BY-LAW TO PROHIBIT THE RUNNING AT LARGE OP DOGS IN THE TOWNSHIP OP BRUCE, POR APPOIHTIHG AN ANIMAL CONTROL OFPICER, FOR IMPOSING A LICENSE PEE OIl TBB OWNERS OF DOGS, FOR REGULATING TBB DISPOSAL OF DOGS FOUND RUNNING AT LARGE IN TBB 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 Bruce 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 Township 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 THEREPORE THE MUNICIPAL COUNCIL OP THE CORPORATION OF THE TOWNSHIP OP BRUCE ENACTS AS POLLOWS. I . DEFINITIONS 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 Bruce. (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 v,'\· I, \..~.,! ~ "" . .!.!!.' , ~à~ '~ 4ø . , - - 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 ainor, 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. AHIJIAL CONTROL OFFICER 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 . . 1. .~ , "~.._..' . , . " \ . ~l' . . " ..~- . 4 ~ - . : £. \0. ~ "IO:\- ,- - 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) ~ep accurate records of all issued pursuant to this By-law show the dog owner's name and number of the dog tag; licences and dog tags and such records must address and the serial (v) report to Council once to this By-law or as Officer or by Council; a year on requested all matters relating by the Animal Control (vi) carry out orders of the Head of Council and Council; (vii) administer and implement the provisions of this By-law. 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 5. POUND Council shall, from time places within or outside Pound or Pounds. to the time, designate a Township as Township place or of Bruce " " . , . ~; .~ " ... ..t .( 1. .~. .;~~ . ~ - 4 - IV. LICENSES 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 day of pebruary 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 Bruce, 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 " ..-,'" . ' '*".... r' ... ' ....... ....,,~. ~ , - 5 - while the dog is being lawfully used for hunting in the bush. g. 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 Bruce and said license or dog tag shall expire and become void upon the sale, death or other disposal of the dog. V. LICBNSE FEES 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 "A" 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 (l) aonth 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 '. .... '. , .. .. "., "lJ ~ . ,,-.. .o;;,~ , - 6 - habitually kept upon the premises for which such person is assessed as owner or otherwise. VII. lŒIOIELS 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 ia after the 3lst 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 R1JIIIIIHG AT LARGE 16. No owner of a dog shall allow or permit such dog to run at large in the TOwnship of Bruce. .. . ".! . ',:1 - ,1 "-.:.~ , - 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 ..-- ~q,-~ W-'\ ,.....1 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 ($;1.0.00) Dollars for the first day or any part thereof and the sum of Five ($5.00) Dollars for each additional day or part thereof during which the dog has been impounded together with a further maintenance sum of up to Ten ($lO.OO) 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 paragraptV~9 bove, and shall on demand to the Pound-Keeper., ft ,¡ \ \'YNft_l ' pay all f~~ -fft .¡. .',,",'UCf" ~ µ"-""""V 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 be~ng 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 procla8ðtion, 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 reclaia the dog or without offering it for sale and in that event no daDIages or compensation shall be recovered on account of its killing. 2S. Where a dog is alleged to have bitten any person, such dog _7 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 · ... ~~.~ . '"/Jf . 'Ib:, - 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. WilLING 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 ~earing by the Council of the Township. The Council of the Township of Bruce may, by Resolution, delegate the holding of the aforesaid Hearing to a Committee of Council or 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. '~ ~. .. ~- ~ ~.~'.~. w - 10 - XI. MIS('RT·T.U1EOUS MATTERS 28. No owner of a dog shall permit the dog to make any noise likely to disturb the inhabitants of the Township of Bruce. 29. The TOwnship, its agents and servants and the pound- Reeper 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. r y,t,,,' ":,':J ( ;;/- K /-"'\ yt f.jA.1 i :uAJ r Subject to the provisions of Sections~d_lþ/Qf this By-law, no owner or occupier of a premises shall keep 30. more than Three (3) dogs on said premises. Por the purpose 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 PROVISIORS } 31. Every person who contravenes any of the provisions of / CtJ this By-law shall, upon conviction thereof, forfeit and (1~~CfI-f pay a penalty not exceeding (exclusive of costS) the sum \ of Two Thousand ($2,000.00) Dollars for each such offence J and every such penalty shall be recoverable under The Provincial Offences Act, R.S.O. 1980, Chapter 400, as amended. 't,....: . ," '. ~ ~~ "' . - ~~l.t. . . - 11 - XIII. REPEAL OF CERTAIN BY-LAWS 32. Township of Bruce By-law Number 84-6 is hereby repealed. 33. This By-law shall come into force at the date of its final passing. By-law introduced and read a First time this TWENTY-SECOND day of JANUARY, 1991. By-law read a Second time this TWENTY-SECOND day of JANUARY, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-4 this TWENTY-SECOND day of JANUARY, 1991. CLERK !2eL REEVE - /ÝtJ:¡¡/k ~'- '" 00- ~ ',-:.';...~_ì1;~-:-_ ........~_.~ ..',-"- -v:..>..- :;~~~"~- /' ;.- )(7- "t~~~~t . " V·v. -h_.n.__"'"- . . . ~':!:Sl:'- .". .-""" TBB CORPORATIOII OF TIlE TOWNSHIP OF BRUCE SCHEDULE "A" TO BY-LAW NUMBER 91-4 Owner of a Kennel for pure-bred dogs duly registered in the Registry of The Canadian Kennel Club and holding a current Kennel License $75.00 (a) Pirst Hale Dog (b) Pirst Pemale Dog (c) Pirst Spayed Pemale Dog (d) Pirst Neutered Kale Dog (e) Any person having more than One (1) 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 10.00 25.00 lO.OO lO.OO .50 . . .,.' ~... . .~....:c~. , y...~.~-~ . 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PI (1) rt rt m rt (1) (1) 0. ::s PI tr 0 ~ N ...' 01 en CD 0 rt .... 0 ::I w .... 0 .... en en en en en en CD CD (1) CD (1) (1) () \] 0 0 0 0 0 0 0 '< rt rt rt rt rt rt t"' I ...' .... .... ...' .... .... c:: .... 0 0 0 0 0 0 ~ PI ::s ::I ::s ::s ::s ::I >i f: m H W N '" '" .... '" >i Ii!: .... \D 00 -.J .... 00 t"' ~ \D to:! PI .. ~ '" (1) ti '" \] 0 >< I ~ >i 0 () 0 () Ii!: ~ 0 >i t"' ::ø c:: 0 i§ t"' t:J w 0 G'I en f: ""_ 't',' .t,. ,"" '..:~ " --L;"'~ì· ~ . ' . . I' THE CORPORATION OF THE TOWNSHIP OF BRUCE THAT THIS COUNCIL hereby recommends to the Chief Judge that a set fine of Thirty-Five ($3S.00) Dollars be imposed for each of the offences indicated in Schedule "A" attached to this Resolution. PASSED this ')J~ day of ::r~ , 1991. fu " Reeve 15~ Clerk