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HomeMy WebLinkAboutBRU 84 006 dog licensing CORPORATION OF 'l'BE 'l'OW1!lSBIP OF BRUCE BY-LAW NO. 84-6 BEING A BY-LAW to control, regulate and register dogs. WHEREAS The Dog Licensing and Live Stock and Poultry Protection Act, R.S.O. 1980, Chap.123, The Animals for Research Act, and the Municipal Act contain certain provisions relating to dogs, including provisions enabling municipalities to pass by-laws relating to dogs; AND WHEREAS it is considered desirable to pass a by-law to provide for the licensing I regulation, and registration of dogs within the Township of &ruce; NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts as follows: TITLE 1. This by-law may be referred to as "The Dog Control By-law". DEPI1!lI'rI01!lS 2. (a) "Animal Control Officer" shall mean the person or persons, society or association appointed by the Township of Bruce to enforce this By-law and any servant or agent of such person or association or society employed for such purposes. (b) "Doq" means any member of the species Canis Familiaris. (c) "Guide Doq" means a dog that is trained to aid the blind and actively in use for such purposes. Cd) "Kennel" Means: (i) A place or confine where purebred dogs are bred and raised and registered in the Register for the Canadian Kennel Club Incorporated, or, (ii) A place or confine where dogs are bred or raised as a recognized class, or as a class designated as "purebred" in the regulations of the aforesaid Club. (e) "Licence" for the purpose of this by-law shall be deemed to be the receipt issued by the Clerk of the Township of Bruce or his authorized agent, upon payment of the appropriate tax or licence fee. (f) "OWner'l shall include any person who possesses or harbours a dog, and owns or owned shall have a corresponding meaning and shall include a person or persons who are temporarily the keeper of dogs. (g) "Person" shall mean any individual, firm, incorporated group, business entity or club to whom the context can apply. (h) "Police Work DOq" shall mean a dog trained to aid law enforcement officers and 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. (i) "Pound" shall mean such premises and facilities designated by the Township of Bruce as a Pound, or Clinic. (j) "Purebred"· shall mean bred from stock having no admixture as certified by a competent authority. (k) "Requlations" means the regulations made under The Dog Tax and Live Stock and Poultry Protection Act, R.S.O. 1980, Chapter 123, Section I. ~ - 2 - (l) "Society" or "Humane Society" means the branch of the Ontario Humane Society, (Ontario Society for the Prevention of Cruelty to Animals). (m) "Supply Facility" means premises, other than a research facility, that are used for the breeding and rearing of animals pursuant to a contract between the o~rator thereof and the operator of a research facility. DOG LICB1!lSIJIG. RBGULA'rI01!l AJID RBGIS'rRATI01!l 3. (a) Every person and resident in the Township of Bruce who is the owner of a dog shall, within thirty (30) days following the date that a dog comes into his or her possession, or where applicable, upon the dog reaching the age of three months, register the dog with the Corporation of the Township of Bruce or its authorized agent, and thereafter annually on or before the 15th day of February in each and every year pay to the Corporation of the Township of Bruce, or its authorized agent, a licence fee calculated in accordance with Schedule "A" attached to this by-law. (b) On payment of the licence fee in accordance with sub-section (a) of this section, the Corporation of the Township of Bruce or its authorized agent, shall issue for each dog so registered, a serial numbered licence 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 to be kept for that purpose. (c) Every owner shall affix to his or her dog the licence tag issued in accordance with subsection (b) of this section and shall keep such tag affixed on the dog at all times until a tag for the next year is purchased and so affixed. (d) No licence tag or registration under this section shall be transferable and the licence tag shall expire and become void upon the sale, death, or other disposal of the dog. (e) Every licence under this section shall expire on the 31st day of December next following the date of issue. (f) No person other than the owner or his agent shall remove the licence tag from a dog. (g) Upon application for a licence tag, the owner shall produce evidence that the dog has been inoculated with an anti-rabies vaccine within a period of twenty-four (24) months of the date of application for the licence tag. (h) Every applicant for a licence tag for a spayed female dog or a neutered male dog, shall produce to the Corporation of the Township of Bruce, or its authorized agent, at the time of making application, a certificate of a veterinary surgeon that such female dog has been spayed, or that such male dog has been neutered. (i) The replacement fee for a lost licence tag is set out in Schedule "A" of this By-law. SUPERVISION 4. Any person who is so required by the Corporation of the Township of Bruce, or its authorized agent, shall forthwith deliver to the Corporation of the - 3 - Township of Bruce, or its authorized agent, 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 habitually kept upon the premises for which such person is assessed as owner or otherwise. RESTRICTIONS 5. (a) No person shall keep more than a total of three (3) dogs in any zone in the Township of Bruce. (b) This section does not apply to: ( i) The operation of a kennel for the purpose of breeding or boarding animals, ( ii) an animal hospital owned and operated by a veterinarian licensed by the Ontario Veterinarian Asssociation, (iii) a pet store, iv)an Ontario Humane Society shelter, or the Pound, which complies with this By-law. (c) This Section does not apply to dogs under the age of three months. JUSOINJSL5 6. Notwithstanding the provisions of Section 3, subsection (a) of this By-law, the owner of a kennel of purebred dogs duly registered in the Register of the Canadian Kennel Club Incorporated may pay a total annual licence fee of twenty-five (25) dollars in lieu of the licence fee imposed by section 3 aforesaid if he produces to the Corporation of the Township of Bruce, or its authorized agent, a certificate of such registration signed by the keeper of such Register, or a certified extract from such Register, showing that all dogs kept within such kennel are so registered, and provided further that the owner of such kennel holds a current kennel licence issued by the Corporation of the Township of Bruce. 7. Any new applicant for a kennel licence for a kennel not previously licenced must first obtain clarification that the property location of such kennel complies with the requirements of the Township of Bruce Zoning By-law. COIl'l'ROL OF DOGS -e 8. (a) No person who owns, harbours or possesses any dog shall allow the dog to run at large, or trespass on private property even when on a leash. (b) For the purpose of this By-law a dog shall be deemed to be running at large if found in any place other than the premises of the owner of the dog. (c) 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. (d) Any dog running at large contrary to the provisions of this by-law, may be captured by any person duly authorized by the Judge of the Provincial Court (Criminal Division) and delivered to the Animal control Officer or the Pound. ",,",--, - 4 - (e) Any person may capture any dog running at large and trespassing on his property and deliver same to the Animal control Officer, who shall impound the said dog or return same to the owner. (f) An Animal Control Officer or other duly appointed officer, may enter on any public property, or on private property with the consent of the owner or tenant of the property, for the purpose of catching any dog running at large contrary to the provisions of this by-law. (g) Any dog running at large contrary to the provisions of this by-law may be impounded and may be sold as hereinafter provided. (h) For the impounding of all dogs under the provisions of this by-law, a Pound shall be established which complies with the Regulations made pursuant to the Animals for Research Act and under the care and control of the owner whose duty it shall be to impound all dogs brought to him or her or found by him or her to be running at large contrary to this by-law, and which have not been returned to their owner and to dispose of the same as hereinafter provided. (i) It shall be the duty of the person appointed for that purpose, to capture all dogs running at large contrary to this by-law and return them to the owner I s habitual residence, if known I or to impound same, where they shall be confined, subject to the right of the owner to redeem the dog in seventy-two (72) hours from the time of impounding, exclusive of holidays and the day of impoundment, by paying to the owner of the Clinic the fees as prescribed in Section 9 of this by-law and in the event the same are not redeemed within seventy-two (72) hours as aforesaid, . the dog shall become the property of the owner of the Clinic who may sell the dog or dispose of it as he deems fit, and either event aforesaid, no damages or compensation shall be recovered on account of its killing or its disposition. (j) 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 can kill 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. (k) In addition to any other fees or penal ties which may be imposed under this by-law, if a person within a period of six (6) months is convicted on more than three (3) separate occasions of a breach of this by-law, the Convicting Authority may cancel all licences held by such person under the provisions of this by-law, and on cancellation of a licence, such person shall not be issued a further licence for a period of twelve (12) months from the date of such cancellation. (l) Excess noise caused by dog barking is a matter covered in the Municipal Anti-Noise By-law, if one is in existence. (m) Any dog which has a propensity to bite any person, or has bitten any person, shall be controlled at all times. (n) Where a dog is alleged to have bitten any person, such dog may be impounded - 5 - on the order of the Animal Control Officer and held in the pound. (0) Any person who owns, harbours or possesses any dog shall not allow the dog to defecate anywhere on property other than that of the owner unless the owner ensures that the excreta is removed and disposed of in a sanitary manner. (p) When a dog is known to have bitten a person the Medical Officer of Health may order the agent for the Corporation of the Township of Bruce to confine the dog under supervised quarantine for a period not to exceed fourteen (14) days in accordance with Regulation No. 703, as amended, of the Revised Regulations of Ontario, 1970, pursuant to the Public Health Act. (q) Any dog known to be rabid or suspected of being rabid shall be placed in quarantine, or it shall be killed in such a manner that the brain is not damaged and the head shall be submitted to a laboratory for diagnosis. (r) It shall be the duty of the veterinarian to care for all animals after they have been impounded in acco~dance with the regulations made pursuant to the Animals for Research Act. PElllALTIBS 9. (a) (i) Where an Animal Control Officer is unable to seize any dog found, to be contrary to any of the violations of Section 8 of this by-law, and the owner of such dog is known to the Animal Control Officer, a violation notice of twenty-five (25) dollars for the first occurrence may be served by the Animal Control Officer on such owner who may pay such violation directly to the Animal Control Officer or the Corporation of the Township of Bruce or its authorized agent, within seven (7) days of notification by the Animal Control Officer of the occurrence committed under the by-law as aforesaid. (ii) The violation notice referred to in subsection (a) (i) of this section for a second occurrence may be increased to fifty ($50.00) dollars and thereafter the violation notice herein may be increased by an additional five ($5.00) dollars for each subsequent occurrence. (iii) The payment of a violation notice for any violation listed in section 8 is a voluntary out of court settlement and if payment is not made in accordance with this section, a fine imposed pursuant to this by-law is recoverable under the Provincial Offences Act. Doqs Seized and Impounded (b) Subject to subsection (e) of this section, An Animal Control Officer or a Peace Officer may: (i) seize and impound any dog found running at large; and (ii) restore possession of the dog to the owner thereof where; (1) The owner claims possession of the dog wi thin three (3) day (exclusive of statutory holidays and Sundays) after the date - 6 - of seizure, and (2) The owner pays to the Animal Clinic all outstanding fees for boarding of the dog(s). (c) Any female dog found to be running at large in heat shall be held at the pound until no longer in heat, but in any case not longer than twenty-one (21) days, unless the owner makes satisfactory arrangements for its confinement elsewhere. (d) Where a dog is impounded, the owners, if known, and whether or not the dog is claimed from the pound, shall be liable for pound and maintenance fees herein prescribed, and shall pay all fees on demand by the Animal Control Officer or other designated agent of the Township of Bruce. (e) Where a dog seized and impounded 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 the Peace Officer may kill the dog in a humane manner as soon after seizure as he or she thinks fit without permitting any person to reclaim the dog or without offering it for sale, and then in that event no damages or compensation shall be recovered on account of its killing. (f) In the event that a dog seized and impounded is injured and requires the services of a veterinary surgeon, and in addition, or alternatively, must be destroyed, the cost therof shall be paid by the owner of such dog. 10. (a) Any person who contravenes any provision of this by-law except Section 8 hereof, is, upon summary conviction, liable to a fine not exceeding one thousand ($1,000.00) dollars, exclusive of costs, for each offence, and every such fine shall be recoverable under the provincial Offences Act. By-law 75-8 is hereby rescinded. By-law introduced and read a First time this SIXTH day of JUNE, 1984. By-law read a Second time this SIXTH day OF JUNE, 1984. By-law read a Third time and finally passed, signed, sealed and numbered 84-6 this SIXTH day of JUNE, 1984. ~~ ERR ~ 'M _.k ~ REEVE (j~ c..- "---¡'¡¡lAL_ _:'-~~~..~.-._._-----~~-::;: ';- - - ". --.-.-- v _ CORPORA'rIOB OF 'l'BE 'l'OW1!lSBIP OF BRUCE SCBBDULE "A" TO BY-LAW NO. 84-6 ARIMAL LICENCE FBB Owner of a kennel for purebred dogs duly registered in the registry of The Canadian Kennel Club and holding a current Kennel Licence......$75.00 (a) First Male Dog....................................................... .$10.00 (b) First Female Dog...................................................... $10.00 (c) First Spayed Female Dog............................................... $ 5.00 (d) First Neutered Male Dog...............................................$ 5.00 (Veterinarian's Certificate is necessary to certify that dogs have been spayed or neutered.) (e) Any person having more than one (1) dog shall pay $20.00 for each additional spayed female and neutered male dog and $50.00 for each additional female and male dog. (f) Replacement fee for a lost licence tag................................$ .50 - CORPORATION OF 'rIlE 'l'OW1!lSHIP OF BRUCE DOG COIll'l'ROL BY-LAW BY-LAW NO. 84-6 ITEM COLUMN 1 COLUMN 2 COLUMN 3 SET FINE (INCLUDES COSTS) 1. Being the owner of a Dog Failed to Licence Section 3(a) $28.00 2. Licenced Female Dog as Male Dog 28.00 3. Failed to Licence a Kennel Section 6 28.00 4. Being the owner of a Licenced Dog, Did not Secure the Tag Section 3(c) 28.00 5. Did Remove a Collar or Tag from a Licenced Dog Section 3(f) 28.00 6. Being the owner of a Dog Allow it to be Running at Large Section 8 28.00 7. Being the owner of a Dog, Failure to remove excreta of said Dog from Property other than that of owner Section 8(0) 28.00