THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER

Transcription

1 THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER Being a By-law to Control and License Dogs and Kennels and rescind By-law Number WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipal power shall be exercised by by-law; AND WHEREAS Section 8 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001 or any other Act. AND WHEREAS Section 11 (1) paragraph 9 of the Municipal Act, 2001, permits municipalities to pass by-laws respecting matters within the sphere of jurisdiction of "animals"; AND WHEREAS Section 9 of the Municipal Act, 2001 provides that Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; AND WHEREAS Section 104 of the Municipal Act, 2001 defines "animal" to mean any member of the animal kingdom, other than a human; AND WHEREAS Section 9(3) of the Act provides that a by-law may regulate or prohibit respecting the matter; and, as a part of that power, require persons to do things respecting the matter, provide for a system of licenses, permits, approvals or registrations respecting the matter and impose conditions as a requirement of obtaining, continuing to hold or renewing a license, permit, approval or registration; AND WHEREAS Sections 103 and 105 of the Municipal Act, 2001 provide specifically that a by-law may provide for the impounding of animals and the muzzling of dogs; AND WHEREAS Section 128(1) of the Act provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become the cause of public nuisances; NOW THEREFORE the Council of The Corporation of the Municipality of Grey Highlands enacts as follows: SHORT TITLE DOG LICENSING AND CONTROL BY-LAW SECTION ONE DEFINITIONS 1.1 Definitions in this By-law: (a) (b) (c) (d) (e) (f) "Animal Control Officer" means a Municipal Law Enforcement Officer appointed by the Municipality, whose duties include the enforcement of this by-law. "Bite" means the breaking, puncturing or bruising of the skin of a person or a domestic animal caused by the tooth or teeth of a dog. "Dog" means a domestic pet dog of the species canis lupus familiaris and includes both male and female of the species. "Dwelling unit" means a room or suite of rooms occupied or capable of being occupied as an independent and separate housekeeping establishment and have self-contained culinary and sanitary features. "Guard dog" means a dog used for security purposes. "Hunting Dog" means a dog that is trained, kept and utilized for hunting purposes. Page 1 of 11

2 (g) (h) (i) "Kennel" means an establishment where more than three (3) dogs are kept for the purpose of show, training, keeping, breeding and raising for profit or gain, but shall not apply to the keeping of animals in a veterinary establishment for the purpose of observation andlor recovery necessary to veterinary treatment or, to the keeping of hunting or working dogs. "License issuer" means the Municipal Clerk or his or her designate of The Corporation of the Municipality of Grey Highlands. "Microchip" means an object which may be permanently implanted in a dog by injection or surgical procedure, which is programmed to store a unique and permanent identification number and is capable of using radio-frequency signals to relay the stored information to a scanning device. U) "Mitigating factor" means a circumstance which excuses aggressive behaviour of a dog and, without limiting the generality of the foregoing, may include circumstances where: (k) (I) (m) (n) (i) (ii) the dog was, at the time of the aggressive behaviour, acting in defence to an attack by a person or domestic animal; the dog was, at the time of the aggressive behaviour, acting in defence of its young or to a person or domestic animal trespassing on the property of its owner; or (iii) the dog was, at the time of the aggressive behaviour, being teased, provoked, or tormented. "Municipal Law Enforcement Officer" means a By-law Enforcement Officer, interim or full time, as appointed by Council for the Municipality of Grey Highlands. "Municipality" means The Corporation of the Municipality of Grey Highlands. "Muzzle" means a humane fastening or covering device of adequate strength which when placed over the mouth of a dog will then prevent that dog from biting. "Notice of Caution" means a notice in writing given by the Animal Control Officer to the owner which cautions the owner that a bite did occur and recommends the owner take cautionary steps whenever persons or domestic animals are in the vicinity of the dog. The Notice of Caution shall indicate that should a subsequent bite occur, an order to muzzle the dog will be issued. (0) "Owner" includes a person who possesses or harbours a dog and where the owner is a minor the person responsible for the custody of the minor. (p) (q) (r) (s) (t) (u) "Pet shop" means an establishment engaged in the retail sale of animals. "Pet shop keeper" means a person who has the charge, care or ownership of a pet shop. Poundkeeper" means those appointed by By-law as poundkeeper for the Municipality. "Running at large" means to be found in any place other than the premises of the owner of the dog and not under the physical control of any person by means of a leash held by the said person. "Rural means any land located within any area designated under Section 6 Agricultural and Rural Zones by the Municipality Zoning bylaw or any land located within the Niagara Escapment Commission Development Permit area. "Working Dog" means a dog trained, kept and utilized for work purposes including, but not limited to, livestock handling and lor guarding, pest and predator control, recreational dog sled use and police or rescue dogs. Page 2 of 11

3 SECTION TWO RESPONSIBILITIES OF THE MUNICIPALITY 2.1 RESPONSIBILITIES OF THE MUNICIPAL CLERK The Municipal Clerk shall: (a) be responsible for the issuance, suspension and revocation of all licenses pertaining to this by-law; (b) accept applications for licenses required by this by-law; (c) provide, if requested, a copy of this by-law to each applicant for a license under the provisions of this by-law; (d) maintain a record of all licenses issued including name and address of dog owner; serial number of tag; date of registration; description of dog; amount of fee paid upon registration (e) undertake a thorough review of this by-law and report thereon to the Municipal Council any proposed amendments to be undertaken within its term, or, if none, recommend this By-law to be considered for re-enactment within a period not greater than five (5) years hence. SECTION THREE GENERAL PROVISIONS The provisions of this by-law apply to dog owners within the Municipality of Grey Highlands. 3.1 EXCEPTIONS TO BY-LAW (a) This by-law shall not apply to a veterinary establishment, clinic or boarding kennel lawfully operated and supervised by a veterinarian who holds a license to engage in the practice of veterinary medicine issued under the Veterinarians Act, R.S.O. 1990, c. V.3. (b) This by-law shall not apply to pet shops. (c) This by-law shall not apply to dogs maintained in a zoo, fair, exhibition or circus operated or licensed by a municipal or other governmental authority. (d) This by-law shall not apply to dogs maintained at a research facility registered under the Animals for Research Act. 3.2 PROHIBITIONS WITHIN THE MUNICIPALITY OF GREY HIGHLANDS Within the Municipality of Grey Highlands no person shall: (a) keep or permit to be kept more than 3 dogs within or about any dwelling unit in the Municipality of Grey Highlands, regardless of whether that person is the owner of the dogs. (b) keep a dog kennel without a license. (c) fail to prohibit a dog from running at large. (d) fail to register a dog for a dog license. (e) fail to renew a dog license for the current year. (f) unlawfully remove a dog tag from a licensed dog. (g) fail to apply for a replacement dog tag. (h) fail to fix the tag issued for a dog securely on the dog. (i) permit a dog to enter onto private property without the consent of the property owner. U) fail to forthwith remove and dispose of dog excrement from any property within the Municipality. (k) forcibly retrieve a dog from an Animal Control Officer or a vehicle under an Officer's control. (I) fail to forthwith notify the license Issuer upon the change of ownership of a licensed dog; (m) fail to forthwith notify the license Issuer upon the change in residence of a licensed dog. (n) forcibly retrieve a dog from the Poundkeeper or from the premises of the Poundkeeper. (0) retrieve a dog from the Poundkeeper or the premises of the Poundkeeper without payment in full of all fees and charges required to be paid under this by-law. 3.3 EXPIRY OF LICENSE A license issued under the provisions of this by-law shall expire on December 31st, unless previously renewed, suspended or revoked. Page 3 of 11

4 3.4 Muzzling For the purposes of this section of this by-law, "premises" shall mean the private indoor dwelling space of the dog owner and those outdoor areas of the property that are enclosed so as to prevent the dog from escaping. (a) Where an Animal Control Officer is satisfied on the balance of probabilities, and in the absence of any mitigating factor, that a dog has bitten a person or domestic animal, the Animal Control Officer shall notify the dog's owner in writing that the dog shall thereafter be required to be muzzled at all times when it is any place other than the premises of the owner. No owner of a dog to which this subsection applies shall fail to muzzle the dog. (b) Where an Animal Control Officer is satisfied, on the balance of probabilities, and in the presence of a mitigating factor, that a dog has bitten a person or domestic animal, the Animal Control Officer shall issue a Notice of Caution to the owner unless the dog has previously bitten or the owner has previously received a Notice of Caution, or where the Animal Control Officer considers the bite to be severe. (c) Notwithstanding any provision of this by-law, the owner of a dog to which section 3.4 (b) applies shall keep the dog under the physical control of some person by means of a leash held by the said person at all times when the dog is any place other than the premises of the owner. No owner of a dog to which this subsection applies shall fail to leash the dog. (d) The owner of a dog to which section 3.4 (b) of this section applies must, at their own expense, have a microchip implanted in the dog and proof of the implantation shall be supplied in writing to the Poundkeeper within thirty (30) days of the issuance of the muzzling order or Council's decision as provided for in Section 3.5, which ever is later. No owner of a dog to which this subsection applies shall fail to microchip the dog. 3.5 The owner of a dog to which Section 3.4 applies, upon payment of a $50 Hearing Fee as set out in Schedule "A", may request and is entitled to a hearing by the Municipal Council, which may exempt the owner from the muzzling or leashing requirement or both. (a) A request by the owner for a hearing under this Section shall be made in writing and delivered to the Municipal Clerk within fifteen (15) days of the owner receiving the muzzling order. (b) Upon determination of the hearing date the Clerk shall give notice in writing to the owner that: (i) includes a statement of the time, date, place and purpose of the hearing, and: (ii) includes a statement that if the owner of the dog does not attend the hearing, Council may proceed in his or her absence and he or she will not be entitled to any further notice. (c) The notice of hearing referred to in this section may be given by delivering it personally or sending it by prepaid registered mail to the owner at the owner's last known address on file with the Municipality. When service is made by registered mail, the service shall be deemed to be made on the seventh (7th) day after the day of mailing unless the person on whom service is being made established that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control receive the written notice until a later date. (d) Council shall hold a hearing pursuant to the provisions of the Statutory Powers and Procedures Act at the time, date and place set out in the notice referred to in this section and Council may: i) exempt the owner from the muzzling and/or leashing requirements, ii) confirm the muzzling and or leashing requirements, iii) vary the muzzling and/or leashing requirements, or: iv) combine any exemption confirmation or variance as it sees fit. (f) The decision of Council shall be final and binding. 3.6 Limit of Dogs (a) No person shall keep or harbour more than three (3) dogs at anyone time in a dwelling unit or on any individual conveyable land entity located within the boundaries of the Municipality. Page 4 of 11

5 (b) (c) (d) (e) (f) (g) (h) (i) Section 3.6 (a) shall not apply to prevent the keeping of hunting and/or working dogs in addition to the maximum set out provided the dwelling unit and or individual conveyable land is located in a rural area. Despite section 3.6(a), and subject to the Pit Bull Dog Licensing By-law requirements, a person who on January 1, 2007 kept or permitted to be kept more than three dogs for which valid dog licenses were issued pursuant to this By-law with respect to a dwelling unit, may continue to keep the said dogs until they are no longer in the possession of their owner, and the said dogs shall not be replaced in such dwelling unit. For licensing purposes, all dogs in excess of the three maximum shall be considered as a third dog. Notwithstanding section 3.6 (a) of this by-law, young puppies may be kept with the mother for a period not exceeding 90 days following birth. Section 3.6 (a) of this by-law shall not apply to any person keeping a kennel of dogs registered with an association incorporated under the Animal Pedigree Act (Canada). Every owner of a dog shall keep the dog leashed and under 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 found. Every owner of a dog shall remove forthwith and sanitarily dispose of excrement left by the dog anywhere in the Municipality. No person who has a dog under his control by means of a leash shall permit the dog to enter upon the private property of another person or to remain on the private property of another person without the property owner's consent. No owner of a dog shall permit the dog to run at large or fail to prohibit the dog from running at large. 3.7 Application and Registration Information The license Issuer is designated to keep a record showing the following dog license registration information: (a) name and address of dog owner; (b) serial number of tag; (c) date of registration; (d) description of dog; (e) amount of fee paid upon registration. (f) every application shall be accompanied by the following: (i) description of dog including colour, breed and name; (ii) certification or letter from a qualified veterinarian that the dog has been spayed or neutered (iii) certification of the owner that the dog has been vaccinated against rabies; (iv) applicable fee. (g) Every license issued by the license Issuer shall expire on the thirty-first day of December of the year for which it is issued and shall be renewable yearly. (h) Every holder of a license issued pursuant to this by-law shall notify the license Issuer forthwith upon the death or change of ownership of a dog so licensed. (i) Every license issued by the license Issuer may be transferred after such notification and payment of the applicable fee upon the following occurrences: (i) transfer in ownership of a dog during any licensing year; (ii) replacement of dog upon death of licensed dog; (iii) transfer of current year license from any municipality. G) Upon payment of the applicable fee, the owner shall be furnished with a dog tag bearing the serial number, the year for which it was issued and the words "Municipality of Grey Highlands". (k) The tag shall be fixed securely on the dog for which it was issued at all times until such time as the tag is renewed or replaced. (I) Notwithstanding section 3.7 (k) of this by-law, the tag may be removed while the dog is being lawfully used for hunting in the bush. (m) Where a tag has been lost, an application shall be made to the license Issuer for a replacement tag. Page 5 of 11

6 3.8 FEES License fees shall be set and approved by the Municipal Council from time to time and are listed in Schedule 'A' of this by-law. (a) (b) Guide dogs within the meaning of the Blind Persons' Rights Act, and hearing ear dogs, where a certificate is produced from a recognized training establishment stating the dog is being used as a hearing assistance dog, are exempt from the payment of all license fees applicable pursuant to this bylaw. Working dogs, where a certificate is produced from a recognized training establishment stating that the dog is being used as a working dog to assist a disabled person, shall be exempt from all license fees applicable pursuant to this by-law. 3.9 Non application where Pit Bull Dog Where the dog is a Pit Bull Dog, as defined in the Pit Bull Dog Licensing Bylaw, the licensing requirements of the Pit Bull Dog Licensing By-law apply SECTION FOUR KENNEL LICENSING 4.1 KENNEL LICENSING No person, company or corporation shall operate a kennel except in accordance with the applicable Zoning By-law enacted by Council pursuant to Section 34 of the Planning Act. (a) (b) All persons operating a kennel of dogs that are registered or are eligible for registration with an association incorporated under the Animal Pedigree Act (Canada) shall make application to the license Issuer for a kennel license. All such applications shall be accompanied by the following information: (i) name and address of kennel owner; (ii) location of kennel; (iii) proof of zoning approval for said location; (iv) applicable fee. SECTION FIVE PENALTIES 5.1 CONTRAVENTION Every person who contravenes the provisions of this by-law is guilty of an offence and upon conviction is liable to the penalty provided in Section 61 in the Provincial Offences Act R.S.O. 1990, chapter P.33, as amended or reenacted from time to time. 5.2 CONTINUATION OR REPETITION OF OFFENCES The court in which the 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, and such order shall be in addition to any other penalty imposed on the person convicted. 5.3 CONFLICT If there is a conflict between a provision of the Dog Owners' Liability Act or of a regulation under that Act, or any other Act relating to pit bulls, or another by-law relating to pit bulls, and a provision of this By-law relating to pit bulls, the provision that is the most restrictive in relation to controls or bans on pit bulls prevails. SECTION SIX EXECUTION OF BY-LAW 6.1 REPEALS By-law Number and any other by-laws inconsistent with this by-law are hereby rescinded effective December 31 s t, Page 6 of 11

7 6.2 EFFECTIVE DATE This by-law shall come into effect on January 1, 2007 for a period of five (5) years or until repealed. Read a first and second time this~day of December,2006. Read a second and third time and finally passed this oath day of January, The Corporation of the MuniGioality of GrE?Y Highlands r rn ~ Debbie Robertson - Municipal Clerk Page 7 of 11

8 THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER Schedule "A" ANIMAL CONTROL rode ~ervlce update "Kate~ C.1 First Neutered/Spayed DOQ 01-Jan-07 $15.00 $20.00 C.2 Second and each additional neutered/spayed dog 01-Jan-07 $20.00 C.3 First unaltered Male or Female 01-Jan-07 $20.00 $25.00 CA Second and each additional unaltered doq 01-Jan-07 $30.00 $35.00 C.5 Kennel License ( Sec 4.1) 01-Jan-07 $ $ each additional dog 01-Jan-07 N/A $15.00 C.6 Microchipped - lifetime license 01-Jan-07 $30.00 C.7 Failure to purchase taq by April 30 th of each year 01-Jan-07 $10/doQ C.8 New dogs (Ju11 to Dec 31) Reduction to C.1 to CA Fees 01-Jan-07 50% C.9 Replacement TaQ ( Sec 3.7 (m)) 01-Jan-07 $3.00 C.10 Transfer ( Sec 3.7 (i)) 01-Jan-07 $3.00 C.11 HearinQ Fee ( Sec 3.5) 01-Jan-07 $50.00 C.12 Pit Bull Doq License Application Fee 01-Jan-07 $10.00 C.13 Pit Bull DOQ License 01-Jan-07 $60.00 C.14 Renewal of Pit Bull Doq License 01-Jan-07 $40.00 C.15 Exemption Application 01-Jan-07 $25.00 Page 8 of 11

9 THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER Schedule "B" Grey Hignlands Dog License Application Name of Owner Date Lot and Concession/ Street! Civic Number Mailing Address Phone Number Doa Informaf 160g's Name Breed Colour Sex ~payed/ Neutered Kabies Vac Micro chipped Fee Tag JII " Page 9 of 11

10 THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER Schedule "e" Grey Hignlands Kennel License Application Name of Kennel Owner Date Lot and Concessionl Street! Civic Number Mailing Address Phone Number Name of Kennel Location of Kennel (if different than owner's address) Proof of Zoning Approval Fee Dog Information: Ibog s Name Breed Colour Sex ::>payeal Neutered KaOles Vac Micro chip lag # I Page 10 of 11

11 THE CORPORATION OF THE MUNICIPALITY OF GREY HIGHLANDS BY-LAW NUMBER DOG LICENSING AND CONTROL BY-LAW SHORT FORM WORDING Item Column 1 Description of Offence Column 2 Provision Creating or Defining Offence Column 3 Set Fine (Incl. Costs) 1. Failure to limit number of dogs to 3 Section 3.2(a) $ Failure to keep a dog kennel without a license Section 3.2(b) $ Allow dog to run at large Section 3.2(c) $ Failure to purchase dog license Section 3.2(d) $ Failure to renew dog license Section 3.2(e) $ Allow removal of dog tag Section 3.2(f) $ Fail to apply for replacement dog tag Section 3.2(g) $ Fail to fix tag securely on dog Section 3.2(h) $ Allow dog onto private property without owners consent Section 3.2(i) $ Fail to remove dog excrement Section 3.2 U) $ Interfere with an Officer Section 3.2(k)(m)(o) $ Fail to notify change of ownership Section 3.2(1) $ Fail to notify change of residence Section 3.2(m) $ Failure to muzzle dog Section 3.4(a) $ Failure to leash dog Section 3.6(f) $ Note: The penalty provisions for offences indicated above are contained in Section Five of By-law Number Page 11 of 11