THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE BY-LAW NUMBER 2001-82 - LI Being a By-law to provide for the licensing and regulation of dogs in accordance with Section 210, of the Municipal Act, R.S.O. 1990, c. MA5. WHEREAS the Council of the Corporation of the Town of Whitchurch-Stouffville deems it expedient to license, regulate and restrict the number of dogs to be kept by any person and regulate other animals in the Town of Whitchurch-Stouffville. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS: 1. In this By-law: (1) "Animal Control Officer" includes any employee of the Town so appointed or any employee, person, company or association who has entered into a contract with The Corporation of The Town of Whitchurch-Stouffville to control dogs and to maintain a dog pound and any servants or agents of such employee, person, company or association. (2) "Dog" means a male or female dog ; over the age of 16 weeks (3) "Owner" means a person who possess or harbours any dog and where the owner is a minor, the person responsible for the custody of the minor. (4) "Town" means The Corporation of the Town of Whitchurch Stouffville. (5) "Senior Citizen" means a person who is sixty-five years of age or older. (6) "Blind Person" means a person who because of blindness is dependent on a guide dog and has been issued an identification card under the Blind persons' Rights Act, R.S.O. 1990, c. B.7. (7) "Service Animal" means a guide dog or other trained service animal identifiable by a harness, used principally to assist persons with a visual, hearing or other impediment. (8) "Issuer of Licenses" means the person or person authorized by the Town of Whitchurch-Stouffville to issue dog licenses and to collect the required fees. LICENSING 2. Every owner of a dog shall, upon being the owner of said dog, purchase a license for the current year for said dog. 3. The license shall be renewed annually on or before the 15th day of February of each year and shall expire on the 31st day of December of the same year. 4. A new resident of the Town shall not be required to pay a license fee for a dog if the license for said dog has already been obtained for the current year from another municipality to which he or she has previously been a resident, providing such license is forfeited to an Issuer of Licenses and payment is made for the cost of a replacement tag in accordance with the appropriate fee schedule attached to this by-law. 5. An owner shall, at the time of paying the license fee required by this by-law, furnish to the Issuer of Licenses, the following information: a) the name, address and telephone number of the owner of the dog ; b) the name and description of the dog to be licensed.
Page 2 to By-law 2001-82-LI 6. The owner of every dog, having obtained a license and tag for each dog, as required by this By-law, (1) shall keep the tag securely fixed on the dog for which the tag was issued at all times, except when lawfully used for hunting in the bush, until a tag for a subsequent year is obtained; and, (2) shall not transfer the license issued to any other person. 7. In the event a license is lost, the owner shall, upon satisfying the Issuer of Licenses of such loss, be entitled to receive a replacement license upon payment of the fee prescribed in the appropriate fee schedule attached to this by-law. 8. No owner of a dog shall use a license issued to him or her for any dog other than the dog for which the license was issued. 9. No person shall remove a dog license from a dog without the consent of the owner thereof. 10. No fee shall be charged for a license for a "service animal" under this by-law. RESPONSIBILITY OF THE OWNER 11. No owner(s) or tenant(s) at the same address within any residential, commercial, industrial, or institutional property in the Town of Whitchurch-Stouffville shall keep more than three dogs. This section does not apply to: a) the operation of a licensed kennel; b) an animal hospital owned and operated by a veterinarian licensed by the Ontario Veterinarian Association ; c) a pet store; d) a legally established pound or shelter. 12. No owner shall permit any dog to bark or to create any noise that is likely to disturb the inhabitants of the Town or that constitutes a public nuisance. 13. No person who owns, harbours, or possesses a dog shall allow it, whether leashed or unleashed, to trespass on private property. 14. Any person who owns, harbours, or possess a dog shall forthwith clean up and dispose of any excrement left by the said dog on any property whether public or private in the Town of Whitchurch-Stouffville. 15. Section 14 of this by-law does not apply to any person whose sight is impaired and whose dog is a Seeing Eye dog trained to guide or lead a blind person. 16. No owner of a dog shall allow the dog to run at large within the limits of the Town. For the purposes of this section, a dog shall be deemed to be running at large when found in any place other than the premises of the owner of the dog and not under the control of any person. 17. Any dog found running at large contrary to the provisions of this by-law may be seized and disposed of pursuant to the provisions of this by-law. 18. Any dog/cat seized and impounded pursuant to the provisions of this by-law shall, except as herein otherwise provided, be detained for a minimum period of three (3) days, excluding Sundays, holidays and the day on which the dog/cat was impounded and if not redeemed at the expiration of the three (3) day period, may be sold or euthanised.
Page 3 to By-law 2001-82-LI 19. a) During the redemption period set out in Section 18, the owner of a dog/cat shall be entitled to redeem said dog/cat in accordance with the appropriate fee schedule attached to this by-law. b) Notwithstanding the fees set out in Section 19 (a) above, no owner shall be entitled to redeem said dog until a current tag is procured for said dog. The owner will be charged according to the current dog licensing fees. 20. Notwithstanding Section 18 of this by-law, at the discretion of the Animal Control Officer, if a dog/cat is seriously injured or should be destroyed without delay for humane reasons, orfor safety of persons or animals, the dog/cat shall be destroyed forthwith. 21. If a dog/cat is injured and the services of a veterinary surgeon is secured, the owner shall not be entitled to redeem the dog/cat unless the charges for such veterinary surgeon's services are paid, in addition to other charges provided for in this by-law. 22. An Animal Control Officer shall, within twenty-four (24) hours from the impounding of any dog/cat, make every reasonable effort to notify the owner that the dog/cat is impounded and the conditions whereby custody of the dog/cat may be regained. 23. Any person shall be entitled to take charge of any dog/cat found running at large and deliver same to a Animal Control Officer. 24. A dog/cat seized and impounded and suspected of being rabid shall be held in isolation for at least ten (10) days. 25. Where a dog/cat is impounded, the owner if known, shall be liable for all charges and fees in accordance with the by-law and shall pay all such charges and fees on demand to the Animal Control Officer, whether or not the dog/cat is claimed from the pound. 26. Town owned humane box traps shall be loaned by Animal Control to residents of the Town of Whitchurch-Stouffville for use in trapping problem cats. PENALTIES 27. Every person who contravenes the provisions of this By-law is upon conviction guilty of an offence and is liable to a fine as provided for in the Provincial Offences Act. 28. Notwithstanding any other provisions of this by-law, any person who has been served with a Violation Notice alleging the Commission of an offence contrary to the provisions of this by-law may, where a Violation Notice is issued specifying that a payment may be made, present the Violation Notice within ten (10) days from the date of the issue of the Violation Notice excluding Sundays and holidays, to a location as specified on the Violation Notice, and if said amount is paid, no further proceedings shall be taken under this by-law in respect of the offence alleged in the Violation Notice. 29. Schedule "A" shall be and form part of this By-law. 30. By-law Numbers 98-68-Ll, 98-111-LI and 2001-03-LI are hereby repealed. READ a first and second time this 20'h day of March, 2001. READ a third time and passed this 20'h day of March, 2001., /;J(:e&-u::~"~d'~ --' Michele Kennedy, Clerk 7
- SCHEDULE "A" TO BY-LAW NUMBER 2001-82 - LI FEE SCHEDULE FOR DOG LICENSING RATES (a) For each dog until February 15 th - $20.00 (b) (c) (d) (e) For all licences purchased after the 15TH DAY OF FEBRUARY, the licence fee shall be - $25.00 Senior Citizens will be entitled to a reduction of $5.00 if the tag is purchased prior to the 15TH DAY OF FEBRUARY ($15.00). For any dog without proof of rabies vaccination within the last twelve (12) month period, a penalty fee of $10.00 per dog will be charged. No licence fee shall be charged for the owner of a service dog. (f) replacement of lost tag - $3.00 (g) impounding fee (dog/cat redeemed from shelter): i) for a dog to be redeemed from the shelter for the first time in the calendar year, the fee shall be $25.00, plus $15.00 for each day, or partial day, of impoundment after the first day. ii) iii) iv) for a dog to be redeemed from the shelter for a second occasion in the calendar year, the fee shall be $40.00, plus $15.00 for each day, or partial day of impoundment after the first day. for a dog to be redeemed from the shelter for a third or further occasion in the calendar year, the fee shall be $75.00, plus $15.00 for each day, or partial day, of impoundment after the first day. for a cat to be redeemed from the shelter, the fee shall be $15.00 plus $15.00 for each day, or partial day, of impoundment after the first day. (h) impounding fee (dog/cat returned to owner's home by patrol) : (i) (ii) (iii) for a dog to be redeemed from the patrol truck for the first time in the calendar year, the fee shall be $30.00. for a dog to be redeemed from the patrol truck for a second occasion in the calendar year, the fee shall be $45.00. for a dog to be redeemed from the patrol truck for a third or further occasion in the calendar year, the fee shall be $80.00. (iv) for a cat to be redeemed from the patrol truck, the fee shall be $20.00. (i) Adoption fees Dog...... $40.00 CaL.... $20.00 U) For picking up an unwanted dog, cat or other small animal at the request of the owner....................................... $90.00 (k) (I) For disposing of a dog, cat or other small animal at the request of the owner, where such animal has been delivered and released to the shelter..... $75.00 For picking up a dead dog, cat or other small animal at the request of the owner/tenant of the property: dog.............................................. $85.00 cat or other small animal..................................... $55.00
Page 2 to Schedule "A" By-law 2001-82-U m) (n) For disposing of a dead dog, cat or other small animal at the request of the owner who has delivered such animal to the shelter dog.... cat or other small animal....... $70.00 $40.00 For disposing of a "stray" dog, cat or other small animal brought to the shelter..................................,, no charge