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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.
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(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
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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
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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.
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(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
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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
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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.
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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
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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