HomeMy WebLinkAbout99 051 Amended by No 00-26
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1HE CORPORATION OF TIlE TOWNSHIP OF KINCARDINE-BRUCE- TIVERTON
NAENDED~'"
fM.AW NO. .;)~". .:2f,.
DATFn ~h~4ar~ JJ. ~ooo
BY-LAW
NO. 1999-51
A BY -LAW OF THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BRUCE- TIVERTON TO PROVIDE FOR TIlE LICENSING, RESTRAINING
AND REGULATING THE CONTROL OF DOGS WITHIN THE
MUNICIPALITY.
WHEREAS the COWlcil of the Township of Kincardine-Bruce-Tiverton deems it advisable to
provide for the licensing, restraining and regulating the control of dogs;
WHEREAS Section 210 subsections 1 to 13 of the MWlicipal Act, R.S.O. 1990, Chapter MA5,
as amended, gives to a municipality authority to pass by-laws to legislate the following:
a) For requiring, an owner of a dog to keep the dog leashed and Wlder the control of some
person when the dog is on land in the municipality other than that of the owner, unless
prior consent is given by the person owning the land on which the dog is fOWld.
b) For requiring an owner of a dog to remove forthwith excrement left by the dog anywhere
in the municipality.
c) For requiring the muzzling or leashing of a dog after it has bitten a person or a domestic
animal.
d)
For licensing and regulating and requiring the registration of dogs and for imposing a
license fee on the owners of them as well as the payment of a license fee for a dog tag and
the imposing of requirements on the owner for affixing this tag to the dog for which it
applies.
e) For prohibiting or regulating the rWlning at large of dogs in the municipality, for seizing
and impoWlding and for killing, whether before or after impoWlding, dogs running at
large contrary to the by-law, and for selling dogs so impoWlded at such time and in such a
manner as is provided by the by-law.
NOW THEREFORE BE IT RESOLVED THAT the COWlcil of The Corporation of the
Township ofKincardine-Bruce-Tiverton ENACTS as follows:
1.0
Authority
Municipal Act R.S.O. 1990, Chapter MA5 Section 210, as amended
Dog Owner's Liability Act R.S.O. 1990, C. 0.16
Health Protection and Promotion Act R.S.O. 1990, C. H.07
Livestock, Poultry and Honey Bee Protection Act R.S.O. 1990 C. L.24
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2.0
Dog Control By-law
By-law No. 1999-51
Page 2 of7
Interpretation & Definitions
For the purpose of this by-law:
2.1 "Corporation" means the Corporation of the Township of Kincardine-Bruce-
Tiverton.
2.2 "Dog" means any member of the species Canisfamiliaris.
2.3 "Kennel" means:
2.3.1 a place or confine where purebred dogs are kept, bred or raised and
registered or eligible for registration with an association incorporated
under the Animal Pedigree Act (Canada)
2.3.2 a facility that complies with the municipal zoning by-law for the
purpose of boarding domestic animals
2.4 "Municipal By-Law Enforcement Officer" means a person or persons duly
appointed by the Council of the Corporation to enforce the provisions of
this by-law.
2.5 "Neutered Male" means a dog for which the owner produces satisfactory
evidence of its being neutered.
2.6 "Spayed Bitch" means a female dog for which the owner produces
satisfactory evidence of its being spayed.
2.7 "Owner" of a dog includes a person who possesses or harbors a dog and
where the owner is a "minor", the person responsible for the custody of the
minor.
2.8 "Person" means any human being, association, firm, partnership, private
club, incorporated company. corporation, agent or trustee and the heirs,
executors, or other legal representatives of a person to whom the context
can apply according to law.
2.9 "Police Work Dog" 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.
2.10 "Purebred Dog" means a dog registered or eligible for registration with an
association incorporated under the Animal Pedigree Act (Canada).
2.11 "Society" or "Humane Society" means the Ontario Humane Society,
(Ontario Society for the Prevention of Cruelty to Animals).
2.12 "Control" includes care and custody.
2.13 "Muzzle" shall mean a fastening or covering device of adequate strength
over the mouth to prevent a dog from biting.
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Dog Control By-law
By-law No. 1999-51
Page 3 of?
2.14 "Premises" shall mean any house, mobile home, room in a boarding house,
or other place used for residential purposes and does not include the
common elements of a condominium or apartment building.
2.15 "Restrained" shall mean keeping the dog inside the premises of the owner,
or enclosing the dog in a pen of sufficient dimension and strength, as to be
humane and to prevent the dog from coming within two feet of the property
line and to persons other than the owner of the dog, or persons associated
with the owner, when the dog is outside the premises but still on the
property of the owner of the dog.
2.16 "Animal Control Officer" shall mean a By-Law Enforcement Officer
appointed by Council and designated as a Provincial Offences Officer.
2.17 "Guide Dog" shall mean a dog that is trained to aid the blind or hearing
impaired and is actively in use for such purposes.
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2.18 Words used in the singular shall have corresponding meanings when used in the
plural
2.18.1 "May" shall be construed as permissive.
2.18.2 "Shall" shall be construed as imperative.
2.19 Dogs shall be deemed to be running at large if found in any place other than the
premises of the owner of the dog and not under the direct control of any person.
2.20 Private property shall mean property other than the property of the owner or
property of the person having care, custody or control of the dog.
3.0 Enforcement
'This by-law shall be enforced by the by-law enforcement officer duly appointed for the
purpose of enforcing certain municipal by-laws and for providing animal control services.
4.0 Administration
. This by-law shall be administered by the Municipal Clerk or duly authorized
representative.
5.0 LicensinlZ
5.1 The owner of a dog shall annually cause the same to be registered, numbered,
described and licensed with the Township of Kincardine-Bruce-Tiverton as soon
as the dog has attained the age of 90 days or within 5 days of coming into
possession of a new dog.
5.2 Every license issued under this by-law shall expire on January 1 st in each calendar
year.
5.3 On payment of the license fee, the owners shall be furnished with a dog tag and
shall keep the dog tag securely fixed on the dog at all times.
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5.4
Dog Control By-law
By-law No. 1999-51
Page 4 of7
When a dog is being lawfully used for hunting in the bush an exemption to
provision 5.3 will be granted.
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5.4.1 Every tag shall bear a serial number and the year in which it was issued,
and a record shall be kept by the municipality showing the name and
address of the owner and the serial number of the tag.
5.4.2 Every owner shall pay a replacement dog tag as set out in the municipal
consolidated fee by-law.
5.4.3 The Municipality may appoint an agent to sell dog licenses and pay a
5.5 The owner of each dog shall pay a license fee in accordance with the
municipal consolidated fee by-law:
- for each male/female dog
- for each spayed female
- for each neutered male
5.6 No person shall:
. 5.6.1 register an unspayed female dog as a spayed female
5.6.2 register an unneutered male as a neutered male
5.6.3 use a tag upon a dog other than that dog for which it was issued.
5.6.4 Each person shall provide proof of the dog having been spayed or
neutered acceptable to the Municipality.
5.7 No person shall keep more than 3 dogs unless in possession of a Kennel license.
Exemptions to this provision are noted as follows:
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. A facility that complies with the municipal zoning by-law for the
purpose of boarding domestic animals
. A Pet Store
. A Veterinary Clinic or Pet Hospital
. A Humane Society Shelter
5.8
No license tag or registration under this section shall be transferable and
the license tag shall expire and become void upon the sale, death, or other means
of disposal of the dog.
5.9 No person other than the owner or his agent shall remove the license tag from the
dog.
5.10 The owner of a kennel shall pay a kennel license fee only.
5.11 No owner shall permit a dog to bark or howl persistently for a prolonged or
excessive period of time.
5.12 No owner of a dog shall permit the said dog to run at large within the boundaries
of the municipality.
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5.13 Any dog found running at large, contrary to the provisions of this by
law may be captured and impounded by the Municipal By-Law Enforcement
Officer (Animal Control) and thereafter shall be kept in a pound for a period of up
to 72 hours not including day of admission and exclusive of Saturday, Sunday and
statutory holidays and, after all known means of notification has been attempted,
the dog may thereafter be destroyed or otherwise disposed of.
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Dog Control By-law
By.lawNo. 1999-51
Page 5 of7
5.14 The owner of a dog who has bitten a person or domestic animal shall ensure that
said dog is muzzled or leashed while said dog is on any property in the
MWlicipality, including the premises of the owner of the dog.
5.14.1 Where the owner of the dog objects to the muzzling or leashing
requirement set forth the owner of the dog may request and is entitled to
a Hearing by the COWlcil of the MWlicipality. COWlcil may, by
Resolution, delegate the holding of the aforesaid Hearing to the
Committee of COWlcil or the Animal Control Officer. COWlcil or
Committee of COWlcil or the Animal Control Officer, if so delegated,
may, in itslhislher sole discretion, exempt the owner from the muzzling
or leashing requirement.
6.0 Right to Destroy
It shall be the right of the duly appointed Municipal By-law Enforcement Officer
of The Corporation of the Township ofKincardine-Bruce-Tiverton to cause to
have destroyed any dog running at large where:
6.1 the dog is sick and/or injured and the officer feels it should be destroyed
without delay for humane reasons,
6.2 the dog is believed to be a danger or threat of danger to the safety of any
person;
6.2.1 the dog is believed to be a danger or threat of danger to domestic
animals, livestock, poultry, rabbits, or fur-bearing animals, as
defmed in the Livestock, Poultry and Honey Bee Protection Act;
6.3 The MWlicipality, its agents and shall not be liable for damages or compensation
for any dog disposed of Wlder the provisions of this by-law and no such damages
or compensation shall be paid to any person.
7.0
Issue of Voluntary Payment Ticket
If the Municipal By-Law Enforcement Officer is unable to seize any dog found to
be running at large, contrary to the provision of this by-law and the owner of such
dog is known, a voluntary payment ticket may be issued out of court in cases
where it is alleged that the by-law respecting dogs running at large has been
contravened and, if payments are not made in accordance with the procedures, the
fme is recoverable under the Provincial Offences Act. 189, c.84, s. 4(4).
First Offence - One Hundred Dollars
Second Offence - Two Hundred and Fifty Dollars
Third Offence - Five Hundred Dollars
($100.00)
($250.00)
($500.00)
7.1 Notwithstanding the provisions of section 7.2 of this by-law, any person
may, upon presentation of a voluntary payment ticket issued alleging the
commission of an offence, contrary to the provisions of this by-law, pay
the fme designated out of court within seven (7) days from the date of
issuance of the said ticket, and upon such payment, no further action will
be taken under this by-law in respect of the said offence.
7.2 Voluntary payment tickets not paid in accordance with section 7.1 of this
by-law will be recovered under the authority of the Provincial Offences Act.
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Dog Control By-law
By-lawNo. 1999-51
Page 6 of7
7.3 The owner of any dog running at large and impounded, shall pay:
. a reclaim fee of $60.00;
. all pound and veterinary fees incurred;
. the current dog license fee
7.3.1 All reclaim fees will be remitted to the Municipality.
7.4 Where a dog is impounded, the owner, ifknown, and whether the dog is claimed
from the pOWId or not, shall be liable for the pick up, pOWId and maintenance fees
prescribed and shall pay all fees on demand to the Municipality.
7.5 Where a dog is known to have bitten any person or killed or injured any livestock
or poultry, it may:
7.5.1 at the discretion of the Municipal By-Law Enforcement Officer, may be
seized and impoWIded WItH such time as the matter has been decided,
and
7.5.2
any costs of such seizure and impoWIding shall be the responsibility of
the owner of said dog.
8.0 Removal ofDoR Excrement
8.1 Every person who owns, controls or harbours a dog shall remove forthwith any
excrement left by such dog on public or private lands in the Municipality.
9.0 Penalties
Any person who contravenes any provision of this by-law is guilty of an offence and upon
conviction is liable:
(a) on a first offence, to a fine of not more than $300.00; and
(b) on a subsequent conviction, to a fine of not more than $1,000.00 for each day or
part thereof upon which the contravention has continued after the day on which
the offender was first convicted.
10.0 Order of Prohibition
10.1 In addition to any other remedy or any penalty provided by by-law, the court in
which a conviction has been entered and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the person convicted pursuant to Section 327 of the said Municipal
Act, RSO 1990.
10.2 The MWIicipality, its agents and servants and the POWId Keeper shall not be liable
for damages or compensation for any dog disposed of under the provisions of this
by-law and no such damages or compensation shall be paid to any person.
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Dog Control By-law
By-law No. 1999-51
Page 7 of7
11.0
Repeal Existing By-laws
By-law No. 1987-24, 1990-53, 1991-16, 1994-4 and 1995-86 of the former Town
of Kincardine, By-law No. 1991-12, 1994-10 and 1995-21 of the former Township
of Kincardine, By-law No. 1991-4 and 1991-8 of the former Township of Bruce
and any by-law or part of any by-law passed by the former municipalities of the
Township of Kincardine, Town of Kincardine, and the Township of Bruce.
12.0
By-law shall come into full force and effect on it final passing.
13.0
This by-law may be cited as the "Dog Control, By-law".
READ a FIRST and SECOND time on this 5th day of May 1999.
READ a TIllRD time and FINALLY PASSED this 19th day of May 1999.
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THE CORPORA nON OF THE TOWNSHSHIP OF KINCARDINE-BRUCE- TIVERTON
DOG CONTROL BY -LAW
BY-LAW NO. 1999-51
INDEX
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Waechter, Magwood, Van De Vyvere & Thompson
BARRISTERS & SOLICITORS
215 DURHAM STREET
~ALKERTON,ONTAlUO
NOG 2VO
J. DONALD WAECHTER, Q.C.
GEORGE c. MAGWOOD, B.A. LL.B.
BRIAN J. VAN DE VYVERE, B.A., LL.B.
C. HEDLEYTHOMPSQN, B.A., Ll.M.
TELEPHONE (519) 881-3230
E-MAIL wmvt@bmts.com
FAX (519) 881-3595
May I, 2000
Municipality of Kincardine
707 Queen Street
Kincardine, Ontario
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Attention:
Rosaline Graham
Clerk
Dear Ms. Graham
Re: By-Ia~ #1999-51 as amended
by No. 2000-26, Set Fine Application
- Part 1 Provincial Offences Act
Further to our previous communication and correspondence I am
enclosing at this time a copy of the letteT fìom the office of the Regional Chief Justice
together ~ith the Order and the approved schedule in relation to By-Ia~ 1999-51 as
amended by By-law #2000-26. This by-Ia~ has now been approved for short fonn
~ording and preset fmes and can be enforced pursuant to Part 1 of the Provincial
Offences Act. You Mil note in the letter that a copy of the schedule has been filed at the
Court House in Walkerton for future use by court officials. Please advise your By-la~
Enforcement OfficeT of the completion of these approvals so that he can start to use Part
1 enforcement proceedings if required,
Yours truly,
WAECHTER, MAGWOOD, V AN DE VYVERE
& THOMPSON
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Enclosures
George C. Magwood
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. OFFICE OF THE RECIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WESTRIDON
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COURT HOUSE
1 s'" FLOOR, UNIT ·C·
80 OUNDAS STREET
LONDON, ONTARIO
N6A 6B3
11!
CABINET DU JUCE PRINCIPAL RECIONAL
CDUR DE JUSTICE DE L'ONTARIO
RECION DE L'OUEST
TELEPHONE/TåtPHONE (519) 660-2292
FAX/TtLtCOPlEUR (519) 660-3138
Apri 19, 2000
Mr. George Magwood
Waechter, Magwood, Van De Bybere & Thompson
215 Durham St.
Walkerton, ON
NOG 2VO
Dear Mr. Magwood:
Re: Set Fine. - Provincial Offences Act - Part 1
By-law Number 1999-51 as amended by No. 2000-26,
. Township of Kincardine-Bruce-TlVerton
Enclosed herewith is a copy of an Order, and a copy of a schedule of set fines for the
above referenced By-Law, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of wording used
to describe the offences.
. I hìl,Ve fQrwardedtheoriginal of the Order and the schedule of the set fines to the Ontario
Court of Justice in Walkerton, together with a certified copy of the By-law.
,Yours truly,
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Donald Ebbs
Regional Senior Justice
West Region
Enclosures
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ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act arid the
rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statues arid Regulations
thereunder and Municipal By-la~ No. 1999-51, as amended by By-Ia~ No. 2000-
26, of The Township of Kincardine-Bruce- Tiverton, 'ttarbed hereto is the set fine
including costs, for those offences, This Order is to take effect April 19. 2000.
Dated at London this 19th day of April, 2000.
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Donald Ebbs
Regional Senior Justice
West Region
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