HomeMy WebLinkAboutTWP 81 003 Dog by-law
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW NUMBER 81- :?
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DOG CONTROL BY-LAW
A BY-LAW TO PROVIDE FOR THE LICENSING, REGULATION AND REGISTRATION
OF DOGS.
WHEREAS The Dog Tax and Live Stock and Poultry
Protection Act, The Animals for Research Act, The Pounds Act,
The Vicious Dogs Act, The Public Health Act, and The Municipal
Act contain certain proviaions 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 prrnlirle for the licensing, regulation and registration
NOW THEREFORE the Council of the Corporation of The
of dogs whithin the Township of Kincardine or defined areas thereof;
Township of Kincardine ENACTS AS FOLLOWS:
TITLE
1: This By-Law may be referred to as "The Dog Control By-Law."
DEFINITIONS
2. (a) "Animal Control Officer" shall mean the person or persons,
society or association appointed by the Corporation
of the Township of Kincardine 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 Famil1aris.
(c) "Guide Doq~ means a dog that is trained to aid the blind
and actively in use for such purposes.
(d) "Kennel" means:
(i) A place or confine where purebred dogs sre
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 thia by-law shall be
deemed to be the receipt issued by the Treasurer of
the Township of Kincardine or his authorized agent,
upon payment of the appropriate tax or licence fee.
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1I0wner" shall include any person who possesses or
harbours animals and .8WnS:~r owned shall have a
corresponding meaning and shall include a person
or peraons who are temporarily the keeper of animals.
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"Person" shall mean any individual, firm, incorporated
group, business entity or club to whom the context
can apply.
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"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.
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"Pound" shall mean such premises and facilities
designated by the Township of Kincardine as a Pound.
"Poundkeeper" shall mean a peraon, persons, association
or society appointed by the Township of Kincardine
to maintain and administer to the,pound.
"Purebred" shall mean bred from stock having no
admixture as certified by a competent authority.
(1)
"Requlations" means the regulations made under the
Dog Tax and Live Stock and Poultry Protection Act,
R.S.O. 1970, Chapter 111, Section 1.
(m)
"Societv" or "HLØnane Societv" means the branch Qf the
Ontario Humane Society, (Ontario Society for the
Prevention of Cruelty to Animals.)
(n)
"Supplv Facilitv" means premises, other than a research
facility, that are used for the breeding and rearing
of animals pursuant to a contract between the operator
thereof and the operator of a research facility. '
DOG LICENSING. REGULATION AND REGISTRATION
(a)
Every person and resident of the Township of Kincardine
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 Kincardine,
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
Kincardine, or its authorized agent, a licence fee
calculated in accordance with Schedule "A" attached
to this by-law, and further, as a condition of the
issuance of such licence tag, the owner shall sign
an agreement to be bound by the terms of Section 9
(f) of this By-Law. A condition of the licence being
issued is that the owner of the dog shall satisfy the
Poundkeeper or other duly authorized officer, that
housing for the breed, size, or type of the dog is
available.
(b)
On payment of the licence fee in accordance with
subsection (a) of this section, the Corporation of
the Township of Kincardine or its authorized agent,
shall isaue for each dog so registered, a serial
nLØnbered licence tag and shall cuase the name of the
owner, his or her address, and the number or his or
her permit, to be entered in a book to be kept for
that purpose.
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(c) Every owner shall affix to his or her dog the l1cence
tag issued in accordance with ,subsection (b) of this
section and shE,ll kr1ep 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
beclll1e 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 frlll1 a dog~
(g) Upon application for a licence tag, the owner shall
produce evidence that the dog has been inoculated
with an antirabies vaccine within a period of twenty-four
(24) months of the date of applicatioR for the licence
tag.
(h) Every applicant for a licence tag for a spayed female
dog Dr a neutered male dog, shall produce to the Cor-
poration of the Township of Kincardine, or its author-
ized agent, at the time of making application, a
certificate of a veterinary surgeon that such female
dog has been spayed, Dr that such male dog has been
neutered.
(i) The replacement fee for a lost licence tag is set out
in Schedule "A" to this By-Law.
SUPERVISION
4. Any person who is so required by the Corporation of the
Township of Kincardine, or its authorized agent, shall forwith.
deliver to the Corporation of the Township of Kincardine, or
its authorized agent, a statement 1n 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 ia assessed as owner or other-
wise.
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RESTRICTIONS
5. (a) No person shall keep more than a total of three (3)
dogs in any zone in the Township of Kincardine.
(b). This section does not apply tOI
(i) the oper~tion of a kennel for the purpose of
breeding or boarding animals,
(11) an animal hospital owned and operated by a
veterinarian licensed by the Ontario Veterinar1an
Association,
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(iii) a pet store,
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(iv) an Ontario Human 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.
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KENNELS
6. Notwithstanding the provisions of Section 3, subsection~(a)
of this By-Law, the owner of a kennel of purebred dogs duly
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registered in the Register of the Canadian Kennel Club Incor-
porated 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 Kincardine,
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CONTROL OF DOGS
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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 Kincardine.
7. Any new applicant for a kennel licence for a kennel not
previously licensed must first obtain clarification that the
property location of such kennel complies with the requirements
of the Township of Kincardine Zoning By-Law.
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B. (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)
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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.
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 ta the provisions
of this by-law, may be captured by any police constable
or other person duly authorized by the Judge of the
Provincial Court (Criminal Division) or the Chief of
Police 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
Dr 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.
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(g) Any dog running at large contrary to the provisions
of this by-law may be impounded and may be sold as
hereinafter provided.
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(h)
For the impounding of all dogs under the provisiona
of this by-lawrB' PounQ..'shaU""'be established which
complies with the Regulations made pursuant to the
Animals for Research Act and under the care snd
control of the poundkeeper, 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. He
or she shall also keep a record of all dogs impounded
and how disposed of, and make return as required to
the Council of the Corporation of the Township of
Kincardine or such Officer as may be designated by
the said Council, showing the number of dogs impounded,
how disposed of and the amount collected for poundage
fees and proceeds of sale.
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(1)
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's habitual
residence, if known, or to impound came, 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 poundkeeper the
poundage 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 poundkeeper who may sell the dog or
dispose of it as he deems fit, and in either event
aforesaid, no damages or compensation shall be re-
covered on account of its killing or its disposition.
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(j)
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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.
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(k)
In addition to any other fees or penalties 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 occasiona 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 I
shall not beissuedla further licem:e for a period of
twelve (12) months from the date of such cancellation.
(l)
.
It shall and may be lawful for the Reeve at any time
in his discretion with the assent of Council of the
Corporation of the Township of Kincardine, and with
the discretion of the Medical Officer of Health
whenever claims are being made upon the Townahip
Tr2asurer for damages from loss of sheep killed by
dogs or when ever the disease of rabies is prevalent,
to issue proclamation directing all dogs to be confined,
tied up or muzzled for a limited period to time to be
named in such proclamation, within the Township and
during the period of time so named in such proclamation
it shall and may be lawful for an Animal Control
Officer to kill or tranquillize any dog which may be
at large or is suspected of being rabid during such
period.
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(m) Excess noise caused by dog barking is a matter covered
in the Municipal Anti-NDièl!!<l'Iy-Law, if one is in
existence.
(n) Any dog which has a propensity to bite any person, or
has bitten any person, shall be controlled at all times.
(0) Where a dog is alleged to have bitten any person, such
dog may be impounded on the order of the Chief of
Police or by the Animal Control Officer and held by
the poundkeeper until the proceedings referred to in
the Vicious Dogs Act, R.S.O. 1970, c.482 have been
followed, provided that no dog shall be so impounded
for a period in excess of twenty-one (21) days unless
otherwise ordered by the Provincial Judge.
(p) 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.
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(q) When a dog is known to have bitten a person the Medical
Officer of Health may order the agent for the Corpor-
ation of the Township of Kincardine 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.
(r) 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.
, (s) It shall be the duty of the poundkeeper to care for
all animals sfter they have been impounded in accordance
with the regulations made pursuant to the Animals
for R~search Act.
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PENALTIES
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Where Doq Not Impounded
9. (a) (i) Where an Animal Control Officer is unable to seize
any dog found to be running at large contrary to
this by-law and the owner of such dog is known to
the Animal Control Officer, a violstion notice of ten
(10) dollars for the first occurrence may be served
by the Animal Control Officer on such owner who may
pay such violation directly to the Anlmal Control
Officer or the Corporation of the Township of Kincardine
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 twenty ($20.00) dollars and thereafter
the violation notice herein may be increased by an
additional five ($5.00) dollars for each subsequent·
occurrence.
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(iii) The payment of a violation notice as set out in
this section is a voluntary out-of-court settlement
and is payment is not made in accordance with this
section, a fine imposed pursuant to this by-law is
recoverable inder the Summary Convictions"Act.
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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
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'(ii) Restore possession of the dog to the owner thereof
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(1) The owner claims possession of the dog within
three (3) days (exclusive of statutory holidays and
Sundays) after the date of seizure; and
(2) The owner pays to the Animal Control Officer or
the Peace Officer, a pound fee of five (5) dollars
for a dog seized and impounded on the first occurrence
and an additional five (5) dollars for each subsequent
occurrence thereafter, plus maintenance sum of up to
ten ($10.00) dollars for each day subsequent to the
day of seizure that the dog remains impounded.
(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.
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(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 pre-
scribed, and shall pay all fees on demand by the Animal
Control Officer or other designated agent of the Cor-
poration of the Township of Kincardine.
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(e) Where a dog seized and impounded is injured orahould
be destroyed without delay for humane reasons, Rr for
reasons of safety to persons or animals, the ~~al
·Control Officer or the Peace Officer may kill m·. dog in
a humane manner as soon after the seizure as hi or she
thinks fit without perm~tting any person to ~ aim
the dog or without offeri~g it for sale, and t n in
that event no damages or compensation shall be1recovered
on account of its killing.
(f) In,the e\tent that a dog seized and impounded h
injured and requires the services of a veteri~rÝ
surgeon, and in addition or alternatively, mu~~ be
destroyed, the cost thereof shall be paid by ~~e owner
of such dog. ' .
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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, eKclusive of costs, for each offence"and
every such fine shall be recoverable under the Summary
Convictions Act.
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BY-LAW NUMBER 73-3 and 75-11 are hereby repealed.
THIS BY-LAW INTRODUCED AND READ A FIRST, SECOND AND THIRD TIME
AI'I) FINALLV PASSED AND SIGNE~ AND SEALED AND NUMBERED AS B1-3
1l{[S /,;;Z DAV" , V; ~ " h11981.
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
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SCHEDULE "A" TO BV-LAW NUMBER 81-
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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
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First Male Dog
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First Spayed Female Dog
c' First Neutered Male Dog
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(Veterinarian's Certificate is necessary to certify that dogs
have been spayed or neutered.)
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(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 additionsl
female Dog.
(f) Replacement Fee for a Lost Licence Tag ... .50
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