Township of Southgate Canine Control By-law Review Committee Agenda July 22, 2016

Transcription

1 Page Township of Southgate Canine Control By-law Review Committee Agenda July 22, 2016 Call to Order Additions to Agenda Confirmation of Agenda Be it resolved that the Committee confirm the agenda. Declaration of Pecuniary Interest Adoption of Minutes 2-4 July 8, 2016 Committee Minutes Be it resolved that the Committee approve the minutes from the July 8, 2016 Committee meeting as presented. Business Arising From the Minutes Canine Control By-law Review 5-19 Draft Canine By-law Version 8 - July 8, Schedule A - Fees & Charges By-law 2014 Schedule D-Canine 21 Schedule B - Dog Licence Application Form Schedule C - Application for New of Kennel Licence Schedule D - Application for Renewal of Kennel Licence Correspondence 36 Draft Fines for Canine By-law July Addition to Agenda Planner - Correspondence Be it resolved that the Committee receive the items of correspondence for information. Confirmation of Next Meeting Adjournment Be it resolved that the Committee adjourn at [TIME]. Page 1 of 39

2 Township of Southgate Minutes of Canine Control By-law Review Committee Meeting July 8, 2016 The Canine Control By-Law Review Committee meeting of the Township of Southgate was held on July 8, 2016 at 9:00 am in the Hopeville Council Chambers. Members present were Chair Christine Gordon and Jim Frew. Ex-Officio member present was Anna-Marie Fosbrooke. Staff present were CCO Karyn Foster and Recording Secretary Patsy Osborne. Call to Order Chair Gordon called the meeting to order at 9:00 am. Additions to Agenda Moved by Jim Frew, seconded by Christine Gordon; Be it resolved that the comments received by on July 7 th from the Planner be added to agenda. Carried. Confirmation of Agenda Moved by Jim Frew, seconded by Christine Gordon; Be it resolved that the Committee confirm the amended agenda. Carried. Declaration of Pecuniary Interest None declared. Adoption of Minutes December 14, 2015 Committee Minutes June 8, 2016 Committee Minutes Moved by Jim Frew, seconded by Christine Gordon; Be it resolved that the Committee approve the minutes from the December 14, 2015 and June 8, 2016 Committee meetings as presented. Carried. Business Arising From the Minutes A discussion was held regarding the distance a dog should be tethered with input from, CCO Karyn Foster. The Committee added the word approximately to the Tethering Section 7 (f) (1). Canine Control By-law Review It was noted that the track changes from the last meeting were not inserted in the By-Law version 7 that was attached to the agenda. Secretary Osborne made these changes before the Committee continued. July 8, 2016 Committee Minutes Page 2 of 39 1

3 Township of Southgate Minutes of Canine Control By-Law Committee July 8, 2016 Moved by Christine Gordon, seconded by Jim Frew; Be it resolved that in the preamble, section F be added that states and Whereas the Dog Owners Liability Act; the Code of Practice for Canadian Kennel Operations; the Ontario Society for the Prevention of Cruelty to Animals Act; provide for the basic standards of care and control of dogs with links to each. Carried Moved by Christine Gordon, seconded by Jim Frew; Be it resolved that under the heading Definitions Puppy Mills : A high volume, sub-standard dog breeding operation, which sells purebred or mixed breed dogs to unsuspecting buyers. Some of the characteristics common to puppy mills are: Sub-standard health and/or environmental issues; Substandard animal care, treatment, and/or socialization; Sub-standard breeding practices which lead to genetic defects or hereditary disorders; Erroneous or falsified certificates of registration, pedigrees, and/or genetic background. (Code of Practice for Canadian Kennel Operations) be added. Carried. Moved by Jim Frew, seconded by Christine Gordon; Be it resolved that the definition of dog be changed to Dog shall mean any member of the species canis lupus familiaris over the age of 16 weeks. Carried. Moved by Jim Frew, seconded by Christine Gordon; Be it resolved that the definition of Kennel be changed to Kennel shall mean an establishment that provides shelter where dogs are kept for the purpose of breeding, boarding, training, but does not apply to a Veterinary establishment. A kennel may be classified as one or more of the following 1. Kennel for Breeding means any premises where more than two breeding bitches are kept for the purpose of breeding. 2. Kennel for Boarding means any premise that takes in dogs for boarding. Carried. The Committee recessed at 10:37 am and reconvened at 10:40 am. Moved by Christine Gordon, seconded by Jim Frew; Be it resolved that for the definition of Puppies change the age from (4) four months to 16 weeks. Carried. July 8, 2016 Committee Minutes Page 3 of 39 2

4 Minutes of Canine Control By-Law Committee Township of Southgate July 8, 2016 Moved by Anna-Marie Fosbrooke, seconded by Jim Frew; Be it resolved that under Section 4 (g) the following be added who shall have the right to visit, enter and inspect with access to property and structures within the municipality any time from 9 am to 7 pm Monday to Friday for the purpose of enforcement of the provisions of this by-law. ; and that also Section 4(i) be deleted. Carried. The Committee discussed what authority the Canine Control Officer has to enforce this by-law if a kennel is not in compliance. The committee will obtain verification from the Provincial Offences Act by the contacting the office in Owen Sound. Moved by Christine Gordon, seconded by Anna Marie Fosbrooke; Be it resolved that section 4 (c) Kennels for breeding shall have no more than 15 females of breeding age at any one time be added Carried Moved by Anna Marie Fosbrook, seconded by Jim Frew; Be it resolved that the committee go past 12:00 noon. Carried The committee discussed if the Canine Control Officer revokes a Kennel Licence she would also need to state the process to the owner in order to appeal this decision. Confirmation of Next Meeting The next meeting will be July 22, Adjournment Moved by Jim Frew, seconded by Christine Gordon; Be it resolved that the Committee adjourn at 12:04pm Carried. July 8, 2016 Committee Minutes Page 4 of 39 3

5 The Corporation of the Township of Southgate By-law No Being a By-law to Licence and Regulate the Keeping of Dogs and Dog Kennels and for the Control of Dogs within the Township of Southgate Whereas: A. Section 2 of the Municipal Act, 2001 as amended (hereinafter called the Act ) provides that under the Act and other Acts, municipalities are given powers and duties which include, among other things, fostering the current and future social and environmental well-being of the municipality. B. Under Section 8 of the Act, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Act and Section 9 provides that Section 8 shall be interpreted broadly to enable municipalities to govern their affairs as they consider appropriate and enhance their ability to respond to municipal issues. C. Section 10 of the Act provides that without limiting the generality of Section 9, a by-law under the Act may be general or specific in its application and may differentiate in any way and on any basis a municipality considers appropriate. D. Under subsection 11 (2) of the Act, a municipality may pass by-laws within the animals sphere of jurisdiction and subsection 9 (3) provides that a by-law under Section 11 respecting a matter may regulate or prohibit respecting the matter. E. Section 103 of the Act provides that if a municipality passes a by-law regulating or prohibiting with respect to the being at large or trespassing of dogs, it may provide for the seizure and impounding of dogs being at large contrary to the by-law and the sale of impounded dogs. F.E. And Whereas The Dog Owners Liability Act ; the Code of Practice for Canadian Kennel Operations; the Ontario Society for the Prevention of Cruelty to Animals Act; as amended, provide for the basic standards of care and control of dogs, with links to each. Now Therefore the Council of The Corporation of the Township of Southgate enacts as follows: Definitions: 1. For the purpose of this by-law the following definitions apply: (a) being (or running) at large means a dog that is not on the property of the owner and not on a leash and under the control of a responsible person, and includes trespassing, and trespassing means a dog being on the property of a person (as opposed to public property including streets and highways) other than the owner of the dog without the express permission of the owner or occupier of the property. (b) Breeding Kennel Establishment means any premises where more than two breeding bitches are kept for the purpose of breeding for the selling of puppies. (c) "Breeding Establishment" means a kennel of dogs which are all registered with an association incorporated under the Animal Pedigree Act (Canada) where more Draft Canine By-law Version 8 - July 8, 2016 Page 5 of 39

6 2 than two breeding bitches are kept for the purpose of breeding for the sale of puppies. (d) Boarding Kennel Establishmentl means any premise that takes in dog animals for boarding for profit. (e) Canine Control Officer (C.C.O.) means a Municipal By-Law Enforcement Officer, who has entered into a contract with the Corporation of the Township of Southgate to control dogs by and maintaining a CCO pound and enforce this Bylaw. (f) Canine Pound means such premises and facilities that are used for the detention, maintenance or disposal of dogs that have been impounded. (g) Canine Pound Keeper means the person, or persons, or agency that act as keeper of the pound. (hf) Dangerous Dog (i) means a restricted dog (as defined later in definition (qp); (ii) means a dog which has bitten or attacked a person, or which, in the opinion of the person enforcing this by-law, has demonstrated a propensity, tendency or disposition to do so; (iii) means a dog which has bitten or injured a domestic animal without provocation, or without sufficient provocation in the opinion of the person enforcing this by-law. (ih) "Dog" shall mean any member of the species familiaris cannis means a male, female, spayed female or neutered male dog over the age of 16 week3 4 (threefour) months. (ji) Hunting Dog means a dog used solely for the purpose of hunting or tracking by provincially licensed hunters. (kj) Kennel shall mean an establishment that provides shelter where dogs are kept for the purpose of breeding, boarding, training,buttraining, but does not apply to a Veterinary establishment. A kennel may be classified as one or more of the following (i)1. Kennel for Breeding means any premises where more than two breeding bitches are kept for the purpose of breeding. (ii) 2. Kennel for Boarding means any premise that takes in dogs for boarding. means an enclosure where dogs are kept. A kennel can also refer to a dog breeding and housing operation. This includes enclosures where dogs are boarded or trained. (ljk) "Licence" means the receipt issued by the Clerk or Treasurer of the Township of Southgate or their authorized agent upon registration of a dog, kennels or boarding establishment and payment of the appropriate fee. (mkl) "Licence Fee" means the licence fee established by Council in the fees and charges applicable schedule to this by-law and amended from time to time as Formatted: Space After: 0 pt Formatted: Space After: 0 pt Draft Canine By-law Version 8 - July 8, 2016 Page 6 of 39

7 referenced in the attached schedule A. 3 (nlm) Noise means the sound made by any dog which unreasonably disturbs the peace, quiet, comfort, or repose of any person for a period greater than one hour in any dwelling unit. as referenced in the Southgate Noise By-law section 2(a). 2 (a). (omn) "Owner" of a dog 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 and "owns" and "owned" have corresponding meanings. (po) Puppy Mill - Puppy mill: A high volume, sub-standard dog breeding operation, which sells purebred or mixed breed dogs to unsuspecting buyers. Some of the characteristics common to puppy mills are: Sub-standard health and/or environmental issues; Sub-standard animal care, treatment, and/or socialization; Sub-standard breeding practices which lead to genetic defects or hereditary disorders; Erroneous or falsified certificates of registration, pedigrees, and/or genetic background. (Code of Practice for Canadian Kennel Operations) Formatted: No underline Formatted: Indent: Left: 0.63 cm Formatted: Space After: 0 pt Formatted: Indent: Left: 0.63 cm, First line: 0.05 cm Formatted: Font: 11 pt (qo) Puppies means a dog that is less than 16 weeks 4 (four) months of age. ((rop) Restricted Dog as referred to in Ontario Regulation 157/05 and means: (i) a Pit Bull Terrier, an American Pit Bull Terrier, a Pit Bull, a Staffordshire Bull Terrier or an American Staffordshire Terrier, or; (ii) a dog of mixed breeding which breeding includes the bloodline of one or more of the breeds referred to in definition (n)(i). (spq)) Service Dog means a type of assistance dog specifically trained to help people with disabilities or a guide dog trained to aid the visually challenged and is actively in use for such purposes..withpurposes with appropriate documentation and identifying dog tag and shall be exempt from licence registration fees. (tq)r) Working Dog shall mean a dog trained to aid in and engaged in herding or protecting livestock, or a dog trained for and actually being used for dog sledding, or a apolice Work dog trained to aid law enforcement officers and which is actually being used for Police work purposes for the protection of the public, which can include the investigation of crime and the apprehension of law violators or a guide dog trained to aid the visually challenged and is actively in use for such purposes. Formatted: No underline Registration, Licensing and Control of Dogs: 2. Every owner of a dog in the Township of Southgate, within one week after the dog ccomes into their possession, shall cause the dog to be registered and licenced at the office of the Clerk or designate, of the Township of Southgate for the balance of the calendar year. Following the initial registration and licensing the owner of a dog shall, prior to the last Wednesday in March -15th each year, re-register and Draft Canine By-law Version 8 - July 8, 2016 Page 7 of 39

8 4 re- licence each dog in their possession for the current calendar year. 3. (a) Registration and licensing of dogs may be performed through at the municipal office of the Township of Southgate by paying the prescribed fee in "Schedule A" attached and forming part of this by-law as amended from time to time by the Council of the Township. Registration may be completed through the Southgate website on-line form, under the Municipal Services tab and Canine Control page. The form is also included in this document as Schedule B. (b) On payment of the licence fee, the owner shall be provided with a dog tag bearing a serial number and the year for which the tag is issued for each dog registered and licenced. (c) The owner shall keep the tag securely fixed on the dog at all times until the tag is renewed or replaced, except while the dog is being lawfully used for hunting or working., micro chipped or tattooed. It is encouraged that owners have hhunting and working dogs micro- chipped or appropriate collar identification of the owner. (d) A record shall be kept by the Clerk or other designated Township staff person showing a description of the dog for which the tag was issued, the name and address of the owner and the serial number of the tag. (e) No person shall use a tag on a dog other than the dog for which the tag was issued. (ef) A registration, licence or tag issued under this by-law is not transferable and shall expire upon the death, sale or other disposal of the dog. or the sale or other disposal of the property on which a breeding kennel or an establishment for the breeding or boarding of animals is situated. Formatted: Space After: 0 pt Registration, Licensing and Control of Breeding Kennels: 4.(a) (a) No person shall keep a breeding kennel of dogs in the Township of Southgate except under the authority of a currently valid licence issued by the Township, wwhich must be renewed annually prior to the last Wednesday in March each calendar year. To acquire a kennel licence, application must be made to the Township by using the Schedule B form for a new licence, or the Schedule C form for a renewal. (b) No breeding kennel shall have more than fifteen (15) twenty-five (25) dogs at any time. unless a larger number of dogs has been authorized by the Council of the Township pursuant to this Section of this by-law after due application by the person keeping the breeding kennel and the completion of an inspection and report by the Township s Chief Building Official or other Township official designated by Council for that purpose. The Council shall provide reasons for either the refusal to allow or the decision to allow more than twenty-five (25) dogs in a breeding kennel. Any authorization given by Council for the keeping of more than twenty-five (25) dogs in a breeding kennel may be subject to such terms and conditions as Council may determine after processing the application. ( c) Kennels for breeding shall have no more than 15 females of breeding age at Formatted: Underline Formatted: Indent: Left: 0.5 cm Formatted: Indent: Left: 0.63 cm Draft Canine By-law Version 8 - July 8, 2016 Page 8 of 39

9 5 any one time. (cd) A kennel for the breeding of dogs shall not be restricted to dogs which are registered with an association incorporated under the Animal Pedigree Act (Canada). (dc) No new breeding kennel, facility or structure used in connection with the operation or keeping of a breeding kennel shall be located within a distance of 35 meters of any boundary line of the owner/operator s property. (ed) Every person making application for a licence to keep a breeding kennel of dogs shall make application to the Township in writing and: i) if applicable make application to the Township of Southgate to obtain the proper zoning; ii) provide a complete description of each dog in the breeding kennel together with microchip a tattoo number or mark of identification, and Southgate tag number sufficient to enable a person appointed to enforce the provisions of this by-law to clearly identify each dog for which a tag is issuedin the kennel. Note: All dogs in breeding kennels must be microchipped by January 1, 2017; iii) provide the location of the breeding kennel and site plan with the number of buildings, and size and construction of the facilities; iv) provide proof by showing registration papers that every dog in the breeding kennel is registered with an association incorporated under the Animal Pedigree Act (Canada); viv) provide declaration of outstanding or past convictions by the SPCA or Criminal Code of Canada related to the care of animals; v) provide such other information as may be required by the Township s officials to allow them to process the application; vi) pay the current licence fee for breeding kennels established by Schedule A attached to and forming part of this by-law and amended from time to time by the Council of the Township; and vii) shall comply with the Guidelines set out in A Code of Practice for Canadian Kennel Operations (second edition May 2007) of the Canadian Veterinary Medical Association originally dated September 1994 or future edition as may be amended from time to time; and viii) provide a veterinarian certificate of inspection each year prior to renewal of the kennel licence reporting on that the facility is appropriate and the health of the animals. (fe) The Council of the Township of Southgate may direct that the issuance or renewal of a licence for a breeding kennel of dogs shall be refused if provisions of this by- law are contravened or if the issuance or renewal of a licence would contravene; i) the laws of Ontario; or Formatted: Indent: Left: 0 cm, Hanging: 0.63 cm, Tab stops: 0.5 cm, Left + Not at 0 cm cm Formatted: Indent: Left: 0 cm, Hanging: 0.63 cm Formatted: Indent: Left: 0.5 cm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Indent: Left: 1.25 cm, Tab stops: 1 cm, Left + Not at 0 cm Formatted: Indent: First line: 1.25 cm Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm Formatted: Space After: 0 pt Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, Line spacing: single Formatted: Numbered + Level: 1 + Numbering Style: i, ii, iii, + Start at: 1 + Alignment: Left + Aligned at: 1.27 cm + Indent at: 2.54 cm Draft Canine By-law Version 8 - July 8, 2016 Page 9 of 39

10 6 ii) iii) any other by-laws of the Township of Southgate; or The guidelines set out in the document titled, A Code of Practice for Canadian Kennel Operations produced by the Canadian Veterinary Medical Association currently in effect. (gf) A A breeding kennel licenced hereunder shall be open to inspection by the Canine Control Officer or other official appointed by Council who shall have the right to visit, enter and inspect with access to property and structures within the municipality any time from 9 am to 7 pm Monday to Friday for the purpose of enforcement of the provisions of this by-law. provided that if the breeding kennel operator wishes to have a veterinarian present, that must be arranged by the operator at a time convenient to the Township s inspector (hg) The Council of the Township may revoke a licence granted under this Section if, after investigation and report to it by the authorized officer of the Corporation of the Township of Southgate of a complaint respecting the operation of the breeding kennel or a breach by the owner or operator thereof of this by-law, such owner fails to implement and fulfill any requirements established by Council with respect to the complaint or conform to this by-law within thirty (30) days after receiving notice by registered mail from the Clerk to do so; provided that such owner shall be given at least five (5) days written notice of the date and time of the meeting at which Council intends to consider the cancellation of such licence and shall have the right to make representations to Council respecting the matter. (i) The Southgate Canine Control Officier shall have the right to visit, enter, and inspect all kennels at all times with access to any property or structures within the municipality for the purpose of inspection and enforcement of the provisions of this by-law. Breeding Establishment: 5. (a) No person shall operate an establishment for the breeding of dogs in the Township of Southgate except under the authority of a currently valid licence issued by the Township which must be renewed annually prior to the last Wednesday in March each year. (b) An establishment for the breeding of dogs shall not be restricted to dogs which are registered with an association incorporated under the Animal Pedigree Act (Canada). (c) No establishment for the breeding of dogs shall have more than twenty-five (25) dogs at any time unless a larger number of dogs has been authorized by the Council of the Township pursuant to this Section of this by-law after due application by the person keeping the establishment for the breeding of dogs and the completion of an inspection and report by the Township s Chief Building Official or other Township official designated by Council for that purpose. The Council shall provide reasons for either the refusal to allow or the decision to allow more than Formatted: Font: Not Bold Formatted: Indent: Left: 0.5 cm, Tab stops: 0.5 cm, Left + Not at 0 cm Formatted: Indent: Left: 0.5 cm, Tab stops: 0.5 cm, Left + Not at 0 cm Draft Canine By-law Version 8 - July 8, 2016 Page 10 of 39

11 7 twenty-five (25) dogs in an establishment for the breeding of dogs. Any authorization given by Council for the keeping of more than twenty-five (25) dogs in an establishment for the breeding of dogs may be subject to such terms and conditions as Council may determine after processing the application. (d) No new establishment for the breeding of dogs, facility or structure used in connection with the operation of an establishment for the breeding of dogs may be located within a distance of 35 meters of any boundary line of the owner/operator s property. (e) Every person making application for a licence to operate an establishment for the breeding of dogs shall make application to the Township in writing and: i) make application to the Township of Southgate to obtain the proper zoning; ii) provide a full description of the dogs to be bred; iii) provide a complete description of the location of the breeding and the number of buildings, size and construction of the facilities; establishment iv) provide such other information as may be required by the Township s officials to allow them to process the application; v) pay the current licence fee for breeding establishments as established in "Schedule A" attached to and forming part of this by-law and amended from time to time by the Council of the Township, and; vi) shall comply with the guidelines set out in A Code of Practice for Canadian Kennel Operations of the Canadian Veterinary Medical Association dated September (f) The Council of the Township of Southgate may direct that the issuance or renewal of a licence to operate a breeding establishment shall be refused if provisions of this by-law are contravened or if the issuance or renewal of a licence would contravene the laws of Ontario or other by-laws of the Township of Southgate. (g) A breeding establishment licenced hereunder shall be open to inspection by the Canine Control Officer or other official appointed by Council provided that if the breeding establishment operator wishes to have a veterinarian present, that must be arranged by the operator at a time convenient to the Township s inspector. Boarding Kennel: 6. (a) No person shall operate an establishment for the boarding of dogs in the Township of Southgate except under the authority of a currently valid licence issued by the Township which must be renewed annually prior to the last Wednesday in March each year. (b) Boarding establishments shall not be restricted to dogs which are registered with an association incorporated under the Animal Pedigree Act (Canada). (c) No new boarding establishment, facility or structure used in connection with the Draft Canine By-law Version 8 - July 8, 2016 Page 11 of 39

12 8 operation or keeping of a boarding establishment shall be located within a distance of 35 meters of any boundary line of the owner/operator s property. (d) Every person making application for a licence to operate an establishment for the boarding of dogs shall make application to the Township in writing and: i) make application to the Township of Southgate to obtain the proper zoning; ii) provide the maximum number of dogs to be kept in the facility at any time during the following twelve month period; iii) provide a complete description of the location of the boarding establishment including the number of buildings, size and construction of the facilities; iv) provide such other information as may be required by the Township s officials to allow them to process the application; v) pay the current licence fee for boarding establishments as established in "Schedule A" attached to and forming part of this by-law and amended from time to time by the Council of the Township; and vi) shall comply with the guidelines set out in A Code of Practice for Canadian Kennel Operations of the Canadian Veterinary Medical Association dated September (e) The Council of the Township of Southgate may direct that the issuance or renewal of a boarding establishment licence shall be refused if provisions of this by-law are contravened or if the issuance or renewal of a licence would contravene the laws of Ontario or other by-laws of the Township of Southgate. (f) A boarding establishment licenced hereunder shall be open to inspection by the Canine Control Officer or other official appointed by Council, provided that if the boarding establishment operator wishes to have a veterinarian present, that must be arranged by the operator at a time convenient to the Township s inspector. Care of Animals in Kennels 7. (a) Each animal must have access to water and an exercise area that allows animals to enter and exit at will,. adequate and appropriate: care,; fresh food,; fresh and clean water;, shelter from the elements; veterinary medical care when the dog exhibits signs of pain, discomfort, illness or suffering,; snand the opportunity for physical activity to maintain good health. (Norfolk by-law page 6.) Every dog shall have daily access to an outside exercise area. Every kennel shall be provided with adequately shaded, outdoor open air runs, properly fenced to,aomaintainmtaom control of the dogs and with adequate space to accommodate the breed of the dog being housed. (b) Every kennel facility shall be kept in a sanitary, well ventilated condition and free of offensive odours, disease and vermin. (c) As part of the application process for a new kennel licence or a renewal each Formatted: Indent: Left: 0 cm, Hanging: 0.5 cm Formatted: Indent: Left: 0.5 cm, First line: 0 cm Draft Canine By-law Version 8 - July 8, 2016 Page 12 of 39

13 9 year, kennel operators must provide an inspection certificate or letter report by a veterinarian related to animal health, care, facility conditions and operational standards. (d) During annual or follow-up inspections of kennel facilities by the Canine Control Officer the operators may be required to improve operation or conditions of the facility and/or reduce the number of dogs in the kennel. Failure to comply with the required improvements or a reductions in the inventory of breeding dogs may require a second opinion from a veterinarian or other agencies with the necessary expertise to evaluate the kennel facility and/or operations. (e) Failure to comply with the requirements of this by-law or the renewal application process may lead to a kennel licence not being renewed until full compliance is attained and a new application is submitted. (f) No person shall keep a Dog Tethered Unless: (i1) The Tether is a minimum of (approximately )fourapproximately) four (4) meters in length; and (ii2) tthe dog has unrestricted and unobstructed movement within the range of t thee Tether; and (iii3) Thethe dog has access to water, food and shelter; and (iv4) )The Tether is securely attached to a flat collar or other humane harnessing device and not to a choke collar, choke chain, or pronged collar; and (v5) the dog is Tethered in a way that it will not injure itself. In no case shall a Tether permit the dog to go beyond the limits of the person s l ands that form a part of the person s premises. In no case shall a person Tether a dog by tying or affixing a rope, cord, chain or any other restraining device directly around the dog s neck. Formatted: Indent: First line: 0.5 cm Formatted: Indent: First line: 1.27 cm Formatted: Indent: Left: 0.5 cm, First line: 0.77 cm Formatted: Indent: First line: 1.27 cm Formatted: Indent: Left: 0.5 cm, First line: 0.77 cm Formatted: Indent: First line: 1.27 cm Formatted: Indent: First line: 0.5 cm Formatted: Indent: Left: 1.27 cm Formatted: Indent: Left: 0.5 cm, First line: 0 cm Being at Large or Trespassing: 78. (a) No owner of a dog shall allow or permit the dog to be at large in the Township of Southgate or allow or permit the dog to trespass on the property of another person. A dog shall not be considered to be running at large under this subsection, if it is a working dog, accompanied by the owner or other responsible adult. A dog shall not be considered to be running at large if it is a hunting dog and is actively engaged in hunting or training for hunting, or tracking, on land not posted, or on posted land with the permission of the owner. (b) With the exception of a working dog, no person shall take, allow or permit a dog to be on property owned or occupied by the Corporation of the Township of Southgate except when the dog is controlled by a leash securely held by the person in charge of the dog. Property owned or occupied by the Corporation shall include all roadways and highways within the Township of Southgate, parks and all other municipally owned or controlled properties. Draft Canine By-law Version 8 - July 8, 2016 Page 13 of 39

14 10 (c) A dog that is found being at large or trespassing contrary to this by-law may be seized and impounded. A dog that is impounded shall be held for a period of not less than three (3) business days, exclusive of Saturday, Sunday or Public Holidays, and if not claimed may be sold or otherwise disposed of in a manner prescribed by law. When an ill or injured dog is seized or impounded and a veterinarian determines that the dog should be destroyed forthwith, or the dog is a dangerous dogdangerous dog and cannot be released under Section 8 (c), the dog may be immediately destroyed as provided by law. When a dog is seized or impounded it shall not be released until all seizure, pound and maintenance fees have been paid. (d) Where a dog is found running at large in the Township of Southgate and the dog cannot be seized or a danger exists to attempt seizure and the dog's presence in the location in which it is found causes a danger or a nuisance, a police officer or other person authorized to enforce this by-law may kill the dog or instruct another person to kill the dog as safely and humanely as possible in all of the circumstances. (e) Where the identity of the owner of an impounded dog is known to the person enforcing this by-law, the owner shall be notified and notice is sufficiently given if given personally or if sent by prepaid first class post to the last known address of the owner. If the dog is not claimed within three (3) business days after the notice is received, exclusive of Saturday, Sunday or Public Holidays, the dog may be sold or disposed of in a manner prescribed by law and the owner is liable for all costs incurred. Notice shall be deemed to have been received immediately when given personally and when given by mail seven (7) days after the notice has been mailed including the date of mailing. Stoop and Scoop 98. (a) Every owner of a dog shall immediately remove any feces left by the dog in the Township of Southgate: i. on a highway or roadway, ii. in a public park, iii. on any public property other than a public park, or iv. on any private property other than the property of, a. the owner of the dog, or b. the person having care, custody or control of the dog. (b) Every owner of a dog shall remove from his or her premises and dispose, in a timely manner, feces left by such dog, so as not to disturb the enjoyment, comfort and convenience of any person in the vicinity of the premises. (c) Section 8 does not apply to a handler of a service dog, where the handler is unable to remove the excrement left by such dog due to a physical disability or impediment. Draft Canine By-law Version 8 - July 8, 2016 Page 14 of 39

15 Noise: (a) Every person who owns a dog or dogs shall undertake measures to ensure that residents on adjacent properties are not subjected to persistent barking, calling or whining by the dog(s). (b) Where the municipality receives a complaint about persistent noise from dog(s) the Canine Control Officer shall investigate such complaints and may issue a fine against the owner of the dog(s). Dangerous Dogs: 1011.(a) (a) (i) No owner, possessor or harbourer of a dangerous dogdangerous dog shall permit, suffer or allow the dog to be on any streets or in any public place unless the dog is muzzled to prevent it from biting another animal or a human and is on a leash and under the control of a responsible person; and Draft Canine By-law Version 8 - July 8, 2016 Page 15 of 39

16 12 (ii) No owner, possessor or harbourer of a dangerous dogdangerous dog shall permit, suffer or allow the dog to be on any property or in any place that is not owned or controlled by that person unless the owner or occupier of the property or place has given the person express permission and the dog is muzzled to prevent it from biting another animal or a human, and is either on a leash and under the control of a responsible person or on a secured chain preventing it from leaving the property. (b) Every owner, possessor or harbourer of a dangerous dogdangerous dog shall, at all times while the dog is on premises owned or controlled by such person either, keep the dog securely confined, either indoors or in an enclosed pen or other structure capable of preventing entry by any children and adequately constructed to prevent the dog from escaping, or keep the dog muzzled to prevent it from biting another animal or a human and is either on a leash and under the control of a responsible person or on a secured chain preventing it from leaving the property. (c)where a dangerous dog has been impounded for any reason, the pound keeper shall not restore the said dog to its owner or to any other person unless the pound keeper is satisfied that the person to whom the dog is to be restored is aware of and in compliance with the provisions of subsections (a) and (b) hereof. General Provisions: The Council of the Corporation of the Township of Southgate will determine the compensation to be received for services rendered in administering the provisions of this by-law or any Act or Regulation requiring the seizing, impounding of dogs and detained in the possession of the Canine Control Officer The maximum number of dogs per household except for working dogs shall be restricted to three (3) unless licenced under a breeding kennel or breeding establishment or boarding establishment licence No person shall make a false statement on any registration or application required under this by-law Every owner of a dog or the owner or operator of a kennel or establishment for breeding or boarding dogs shall allow access to the facility, for the purpose of inspection at all reasonable hours, to any person appointed to enforce the provisions of this by-law This by-law shall be enforced by Canine Control Officer and/or a By-law Enforcement Officer appointed by Council to enforce the provisions of this by-law Any person who violates a provision of this by-law is guilty of an offence and on conviction is liable to the penalty provided in Section 61 of the Provincial Offences Act, R.S.O. 1990, chapter P.33, as amended or re-enacted from time to time All money paid for seizing, impounding and maintaining a dog under subsection 7 (b) shall be paid to the Treasurer of the Corporation of the Township of Southgate or a person designated by the Treasurer and authorized by a Draft Canine By-law Version 8 - July 8, 2016 Page 16 of 39

17 resolution of the 13 Council of the Township This by-law repeals By-law No. 28 of The short title of the by-law shall be the Township of Southgate Canine Control By-law This by-law shall come into force and effect upon the final passing thereof and shall remain in force until repealed by Council If any Section or Sections of this by-law or parts of it are found by any Court to be illegal or beyond the power of the Council to enact, it or they shall be deemed to be severable and all other Sections or parts of this by-law shall be deemed to be separate and independent and shall continue in full force. Read a first and second time this 16 day of February, Read a third time and finally passed this 16 day of February, Mayor Anna-Marie Fosbrooke Clerk Raylene Martell Draft Canine By-law Version 8 - July 8, 2016 Page 17 of 39

18 14 Schedule A By-law Number Canine Control By-law Refer to Southgate s Fees and Charges By-law Schedule D titled Canine Control Fees, which includes fees and fines. Licence Fees All dogs (maximum of three) $20.00 each Replacement tags $ 2.00 Breeding Kennel Two (2) to five (5) dogs $ Six (6) to ten (10) dogs Eleven (11) to fifteen (15) dogs Sixteen (16) to twenty-five (25) dogs Over twenty-five (25) dogs To be established by Council upon application Note: All dogs in a breeding kennel must be registered Animal Pedigree Act (Canada) Breeding Kennel or Boarding Kennel Facility for maximum of ten (10) dogs $ Facility for maximum of twenty-five (25) dogs Facility for maximum of fifty (50) dogs To be established by Council upon application Facility for over fifty (50) dogs To be established by Council upon application Impound Fees Impound Fee $12.00 per day Draft Canine By-law Version 8 - July 8, 2016 Page 18 of 39

19 15 Part 1 Provincial Offences Act Township of Southgate By-aw No A Canine Control By-law Item Description of Offence Provision Creating or Defining Offence Set Fine 1 Dog running at large 7 $ Dog not muzzled or leashed if it is a 10 restricted dog or deemed dangerous $ Dog not registered and licensed 2 $ Dog not properly identifiable 3 $ Using a dog tag for a dog other than 3 the dog for which tag was issued $ Not preventing dog(s) from persistent 9 barking, calling, whining, $ Providing incomplete or inaccurate 13 information to Township of Southgate $ Failure to remove feces left by dog 8 $ Note: The penalty provision for the offences indicated above is Section 16 of By-law No , a certified copy of which has been filed. Draft Canine By-law Version 8 - July 8, 2016 Page 19 of 39

20 Township Of Southgate Schedule D To By-Law No Canine Control Fees All Dogs (maximum of three) $ each Replacement Tag $ 2.00 Dog running at large $ Dog not muzzled or leashed if it is a restricted dog or deemed dangerous $ Dog not registered and licensed $ Dog not properly identifiable $ Using a dog tag for a dog other than the dog for which tag was issued $ Not preventing dog(s) from persistent barking, calling, whining, $ Providing incomplete or inaccurate information to Township of Southgate $ Failure to remove feces left by dog $ Note: The maximum number of dogs per household shall be restricted to three unless licenced under a breeding kennel or breeding establishment or boarding establishment licence. Breeding Kennel Two (2) to five (5) dogs $ Six (6) to ten (10) dogs $ Eleven (11) to fifteen (15) dogs $ Sixteen (16) to twenty-five (25) dogs $ Over twenty-five (25) dogs To be established by Council upon application NOTE: All dogs in a breeding kennel must be registered Animal Pedigree Act (Canada) Breeding Establishment Or Boarding Establishment Facility for maximum of ten (10) dogs $ Facility for maximum of twenty-five (25) dogs $ Facility for maximum of fifty (50) dogs To be established by Council upon application Facility for over fifty (50) dogs To be established by Council upon application Impound Fee is $12.00 per day Schedule A - Fees & Charges By-law 2014 Schedule D-Canine Page 20 of 39

21 Township of Southgate Dog Licence Application Form Schedule "B" By-Law No Control of Dogs within the Township of Southgate Every owner of a dog in the Township of Southgate, within one week after the dog comes into their possession, shall cause the dog to be registered and licenced at the office of the Clerk of the Township of Southgate. Options of Payment: 1) Fill in all information and pay applicable fees at the Municipal Office 2) Fill in all information and mail to the Municipal Office with payment Last Name First Name Telephone Alternate Number Mailing Address (Must include either 911#, Street #, PO Box #) Postal Code Dog(s) Information - Dog tags $20 each 1st Dog Dogs Name Age Sex Male Female Breed Neutered or Spayed Colour 2nd Dog Dogs Name Age Sex Male Female Breed Neutered or Spayed Colour 3rd Dog Dogs Name Age Sex Male Female Breed Neutered or Spayed Colour Declaration of Owner I, certify that the information contained in this application and other documentation is true to the best of my knowledge. I further acknowledge my requirement to adhere to Southgate Canine By-Law No XX, 2016 and any other applicable legislation including the Dog Owners Liability Act. Date Signature Schedule B - Dog Licence Application Form Page 21 of 39

22 Schedule C Application for a New Kennel Licence Name: Business Name: (if different then name) Mailing Address: Kennel Location: Civic Number: Road Name: (legal description) Former Township Phone (home): Egremont Proton Dundalk Concession: _ Lot: (business): Fax: web site: www. Please indicate if this application is for renewal: yes no Please check appropriate line: Breeding Kennel: two (2) to five (5) dogs $ six (6) to ten (10) dogs $ eleven (11) to fifteen (15) dogs $ sixteen (16) to twenty-five (25) dogs $ over twenty-five (25) dogs $ (to be established by Council upon application) NOTE: all dogs in a breeding kennel must be registered Animal Pedigree Act (Canada) I:\C - Council & By-laws\C05 - Council Committee Agenda\Canine Control By-law Review Committee\ \Schedule C - Application for New of Kennel Licence.doc Schedule C - Application for New of Kennel Licence Page 22 of 39

23 Schedule C Breeding Kennel or Boarding Kennel facility for maximum of ten (10) dogs $ facility for maximum of twenty-five (25) dogs $ facility for over 25 dogs (to be established by Council upon application) $ Date: Owner (print): Signature: Note: Return completed application form and your cheque made payable to the Township of Southgate. The owner is advised to make a copy to this completed report to keep for their own records. Council retains the right to refuse any application. I:\C - Council & By-laws\C05 - Council Committee Agenda\Canine Control By-law Review Committee\ \Schedule C - Application for New of Kennel Licence.doc Schedule C - Application for New of Kennel Licence Page 23 of 39

24 Schedule C Inventory Statement of Types and Breeds of Dogs Initial Report Annual Report Dates:, 20, to, 20 (month) (year) (month) (year) Name of Dog Identification Breed Age Sex Other Info. I:\C - Council & By-laws\C05 - Council Committee Agenda\Canine Control By-law Review Committee\ \Schedule C - Application for New of Kennel Licence.doc Schedule C - Application for New of Kennel Licence Page 24 of 39

25 Schedule C I hereby certify that the forgoing information is true and correct. Furthermore, I understand that my premises are subject to inspections at any time by a duly appointed inspector and that failure to disclose information, provision of false information or failure to provide adequate care can result in immediate termination of a licence and/or charges being laid. I further acknowledge my requirement to adhere to Southgate Canine By Law No XX, 2016 and any other applicable legislation including the Dog Owners Liability Act and the Code of Practice for Canadian Kennel Operations. Date: Owners name (print): Signature: CERTIFICATION I, the Canine Control Officer for the Township of Southgate have inspected the kennel located at: which is owned by. This kennel: does meet each of the requirements set out above. does not meet each of the requirements set out above. Requirements not met: Signed Date I:\C - Council & By-laws\C05 - Council Committee Agenda\Canine Control By-law Review Committee\ \Schedule C - Application for New of Kennel Licence.doc Schedule C - Application for New of Kennel Licence Page 25 of 39

26 Schedule D Application for Renewal of a Kennel Licence Name: Business Name: (if different then name) Mailing Address: Kennel Location: Civic Number: Road Name: (legal description) Former Township Phone (home): Egremont Proton Dundalk Concession: _ Lot: (business): Fax: web site: www. Please indicate if this application is for renewal: yes no Please check appropriate line: Breeding Kennel: two (2) to five (5) dogs $ six (6) to ten (10) dogs $ eleven (11) to fifteen (15) dogs $ sixteen (16) to twenty-five (25) dogs $ over twenty-five (25) dogs $ (to be established by Council upon application) NOTE: all dogs in a breeding kennel must be registered Animal Pedigree Act (Canada) I:\C - Council & By-laws\C05 - Council Committee Agenda\Canine Control By-law Review Committee\ \Schedule D - Application for Renewal of Kennel Licence.doc Schedule D - Application for Renewal of Kennel Licence Page 26 of 39

27 Schedule D Breeding Kennel or Boarding Kennel facility for maximum of ten (10) dogs $ facility for maximum of twenty-five (25) dogs $ facility for over 25 dogs (to be established by Council upon application) $ I further acknowledge my requirement to adhere to Southgate Canine ByLaw No. XX,2016 and any other applicable legislation including the Dog Owners Liability Act and the Code of Practice for Canadian Kennel Operations. Date: Owner (print): Signature: Note: Return completed application form and your cheque made payable to the Township of Southgate. The owner is advised to make a copy to this completed report to keep for their own records. Council retains the right to refuse any application. I:\C - Council & By-laws\C05 - Council Committee Agenda\Canine Control By-law Review Committee\ \Schedule D - Application for Renewal of Kennel Licence.doc Schedule D - Application for Renewal of Kennel Licence Page 27 of 39

28 Schedule D INSPECTION REPORT FOR KENNELS Initial Report Annual Report for, 200, to, 200 (month) (year) (month) (year) 1. Water: All dogs are provided with adequate amounts of water every day. yes no Owner s initials 2. Shelter: every dog has full access to adequate shelter for the conditions. yes no Owner s initials 3. Diet: Dogs are offered a diet which is complete and wholesome and provided in amounts adequate to maintain normal body conditions for the environmental conditions and amount of exercise. All dogs should be adequately fed and watered at least once a day except as directed by veterinary treatment, normal fasts or professionally accepted practises. yes no Owner s initials 4. Confinement: Dogs are confined in a manner that is safe and free of hazards a) If tethered, the tethers or chains are tangle free and are of sufficient length to allow freedom of movement and adequate exercise with primary fencing containing all dogs. b) If kept in runs, they are constructed of chain link or wire fencing that is secure and all openings are small enough to prevent entrapment injury to limbs or head. yes no Owner s initials 5. Feces: Stools are removed daily from the kennel area and are disposed of in a sanitary and legal manner. yes no Owner s initials 6. Estrus: If intact females are kept on the premises, a confinement method is available which can safely house them under conditions within the guidelines and prevent unplanned breeding. yes no Owner s initials I:\C - Council & By-laws\C05 - Council Committee Agenda\Canine Control By-law Review Committee\ \Schedule D - Application for Renewal of Kennel Licence.doc Schedule D - Application for Renewal of Kennel Licence Page 28 of 39