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THE CORPORATION OF THE MUNICIPALITY OF ARRAN-ELDERSLIE
BY-LAW NO. 29-2024
BEING A BY-LAW TO REGULATE ANIMALS
WHEREAS subsection 8(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended (the "Municipal Act'), provides that a by-law under Section 11
respecting a matter may: a) regulate or prohibit respecting the matter; b)
require Persons to do things respecting the matter; and, c) provide for a system
of licences respecting the matter;
AND WHEREAS subsection 11(3)(9) of the Municipal Act provides that a
municipality pay pass by-laws respecting matters relating to animals;
AND WHEREAS Section 103(1) of the Municipal Act provides that municipalities
may pass by-laws with respect to the being at large or trespassing of animals
and the seizure, impounding and sale of such at large or trespassing animals
within the municipality;
AND WHEREAS Section 20 of the Animals for Research Act, R.S.O. 1990, Chapter
A.22, as amended, provides for rules and regulations for the keeping of dogs
in a Municipal pound;
AND WHEREAS Ontario Regulation 557, R.R.O. 1990, of the Health Protection
and Promotion Act, R.S.O. 1990, Chapter H.7, as amended, provides for the
isolation of animals suspected of being carriers of rabies, at municipal expense;
AND WHEREAS the Ontario Society for the Prevention of Cruelty to Animals Act,
R.S.O., 1990, Chapter 0.36, as amended, provides special powers to help
animals in distress;
AND WHEREAS Section 11 of the Dog Owners' Liability Act, R.S.O. 1990,
Chapter D.16, as amended, (the "DOLA") provides that where there is a
conflict between provisions of DOLA and a by-law passed by a municipality
relating to pit bulls, the provision that is more restrictive in relation to the control
or bans on pif bulls prevails;
AND WHEREAS Section 12 of DOLA names Municipal Law Enforcement Officers
as Peace Officers under DOLA;
AND WHEREAS it is considered desirable to pass a by-law relating to animal
control within the Municipality of Arran-Elderslie;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF ARRAN-ELDERSLIE ENACTS AS FOLLOWS:
1. SHORT TITLE:
1.1. This By-law may be cited as the "Animal Control By-law".
2 DEFINITIONS:
2.1 "Animal" means any member of the animal kingdom, other than a
human;
2.2 "Animal Control Officer" shall mean a Municipal Law Enforcement
Officer, a Provincial Offences Officer, or Person(s} appointed by the
Municipality to carry out the provisions of this By-law;
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2.3. "Blind Person" shall mean an individual to whom an identification card
has been issued by the Attorney-General, or his/her designate, pursuant
to the provisions of Section 4 of the Blind Persons' Rights Act, R.S.O. 1990,
c. B.7 (the "Blind Persons' Rights Act');
2.4 "Body Length" shall mean the length of the dog measured from the point
of the nose to the tip of the fully extended tail when the dog is fully
stretched out;
2.5 "Clerk" shall mean the Clerk of the Municipality;
2.6 "Control" shall mean under the control of a responsible Person or is
otherwise physically restrained. Sound or voice commands are not
deemed control under this By-law:
2.7. "Council" shall mean the Council of the Municipality;
2.8 "Crossbred" shall mean a dog whose sire and dam are of two different
breeds;
2.9 "Dangerous Dog" shall be as defined in section 6.1 of this By-law;
2.10 "Dog Licence" shall mean a licence issued for dogs pursuant to this By-
law;
2.11 "Fees and Charges By-law" shall mean the current Fees and Charges By-
law of the Municipality, as amended and replaced from time to time;
2.12 "Guide Dog" or "Service Dog" shall mean a dog required as a guide for
a blind person and having the qualifications prescribed by the
regulations under the Blind Persons' Rights Act or a dog required by the
person for reasons relating to his or her disability as defined under
Ontario Regulation 429/07 under the Accessibility for Ontarians with
Disabilities Act, 2005, $.O. 2005, c.11, as amended;
2.13 "Health Unit" shall mean Grey Bruce Public Health;
2.14. "Herding Dog" means a dog that has been trained and is actively being
used in a bona fide farming operation for the purpose of controlling
Livestock on a farm;
2.15 "Hunting Dog" shall mean a dog used primarily for the purposes of
hunting;
2.16 "Kennel" shall mean a place which is used to house, groom, board, train,
breed, sell or keep more than three (3) dogs, but shall not include an
animal hospital, pet store or animal shelter;
2.17. "Kennel Licence" shall mean a licence issued by Council, or designate,
for the operation of a Kennel pursuant to this By-law;
2.18 "Livestock" shall mean livestock as defined by the Zoning By-law;
2.19 "Livestock Guardian Dog" means a dog that works and/or lives with
Livestock to protect them while repelling predators and is used
exclusively for that purpose;
2.20 "Microchip" shall mean 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; "microchipped" shall have a corresponding meaning;
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2.21 "Municipal Law Enforcement Officer" means a police officer, municipal
law enforcement officer of the Municipality appointed by Council
pursuant to s. 15 of the Police Services Act, R.S.O. 1990, c. P.15, as
amended and any other public officer engaged in the enforcement:
2.22. "Municipality" shall mean The Corporation of the Municipality of Arran-
Elderslie;
2.23 "Officer" shall mean an Animal Control Officer;
2.24 "Owner" shall mean the Person who owns, keeps, possesses or harbours
the animal or, when used in relation to a dog, include a Person who
owns, keeps, possesses or harbours the dog and, where the owner is a
minor, the person responsible for the custody of the miner. This definition
shall include a Person who is temporarily the keeper of the animal. The
terms "owns" or "owned" shall have a corresponding meaning;
2.25 "Person" shall mean an individual or corporation;
2.26 "Police Work Dog" shall mean a dog trained to aid law enforcement
officers and which dog is actually being used for law enforcement
purposes, such as the protection of the public, including the
investigation of crime and the apprehension of criminals;
2.27. "Pound" shall mean such premises and facilities designated by the
Municipality for the purposes of impounding and caring for animals that
are in violation of the by-law and/or taken up by the Municipality;
2.28 "Poundkeeper" shall mean a Person or agency designated by the
Municipality to administer the Pound;
2.29 "Provincial Offences Officer" shall mean an individual designated as
such under the Provincial Offences Act, R.S.O. 1990 c. P.33, as
amended;
2.30 "Puppy" means a dog under four (4) months of age;
2.31 "Purebred" shall mean a dog registered, or eligible for registration, with
an association incorporated in accordance with the Animal Pedigree
Act, R.S.C. 1985, c. 8 (4th Supp.);
2.32 "Recognized Breed" shall mean a breed in accordance with the Animal
Pedigree Act, R.S.C. 1985, c. 8 (4th Supp.);
2.33 "Whelping Bitch" shall mean a female dog which is preparing to give
birth, is going into labour, or is birthing puppies;
2.34 "Whelping Box" shall mean a box constructed to protect puppies during
birth; and,
2.35 "Zoning By-law" shall mean the Municipality's Zoning By-law, currently
being By-law No. 40-2019, as amended and replaced from time to time.
oh ANIMAL CONTROL OFFICERS:
3.1 Councilmay appoint an Animal Control Officer(s) whose duties shall
include:
3.1.1 issuing fines with respect to violations of this By-law;
3.1.2 maintaining accurate records of all licences issued pursuant to
this By-law; such records must include the Owner's name,
adaress, the serial number of the dog tag licence and copies of
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documents produced showing proof of rabies vaccination and
proof of breed;
3.1.3 providing to Council quarterly reports outlining their activities,
such as complaints and fines issued;
3.1.4 inspecting licensed Kennels once per year, as a minimum or
more frequently as required;
3.1.5 seizing and impounding dogs found to be running at large; and,
3.1.6 carrying out any other provisions of this By-law as required.
A. DOGS RUNNING AT LARGE:
4.| No Owner of a dog shall permit their dog to run aft large in the
Municipality or fail to prohibit their dog from running aft large.
4.2 Adogis 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 Control of any
Person.
4.3. Adog shall not be considered running at large if it is:
4.3.1 a Guide Dog;
4.3.2 a Service Dog;
4.3.3 a Police Work Dog; or,
4.3.4. a Hunting Dog;
providing it is actively engaged in the performance of its trained
duties.
44 Any dog running at large may be captured by an Animal Control
Officer and impounded at the Pound in accordance with the
provisions outlined in section 5 of this By-law.
4.5 An Animal Control Officer may enter on any property, at any
reasonable time, for the purpose of capturing a dog running aft large.
46 Any Person may capture a dog that is running at large on his/her
property and deliver the same to an Animal Control Officer, who may
impound said dog.
4.7. Where an Animal Control Officer impounds or otherwise detains a dog
found running at large, contrary to the provisions of this By-law, and the
Owner of the dog is known, the Officer shall return the dog to the
Owner.
5. IMPOUNDMENT:
5.1 It shall be the duty of an Animal Control Officer to capture dogs found
running at large and return them to the Owner's habitual residence, if
known, or to impound the dog in the Pound, when practical.
5.2 An Owner has the right to redeem a dog that has been impounded in
the Pound within four (4) days from the time of impoundment, exclusive
of Sundays and holidays and the day of impoundment, by paying to the
Municipality a poundage fee. In the event the dog is not redeemed
within four (4) days as aforesaid, the dog shall become the property of
the Municipality who may sell it or otherwise resettle it as deemed fit. In
either event aforesaid, no damages or compensation shall be
recovered on account of the dog being sold or otherwise resettled.
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5.3 Where a dog is impounded, the Owner, if known, shall be liable for the
payment of all applicable fees as set out in the Fees and Charges By-
law, which may include the pound fee, the boarding fee, and any
applicable euthanasia and disposal fees, and shall pay all fees on
demand to the Pound.
5.4. The proceeds from any dog sold by the Poundkeeper shall belong to
the Municipality.
5.5 Where an injured dog is impounded or detained for running at large
and requires the immediate services of a qualified veterinarian, the
Municipality, or its Officer, may deliver the injured dog to a qualified
veterinarian for care and shall notify the Owner, if known. If it is in the
opinion of the veterinarian the dog is ill or injured and is incapable of
being so cured or healed as to live thereafter without suffering, the
veterinarian may order the dog to be euthanized in accordance with
the laws of Ontario.
5.6 Where an injured dog has been delivered to a qualified veterinarian for
care pursuant to section 5.5 of this By-law, the Owner of the dog shall be
responsible for any and all costs or charges associated with the services
provided by the veterinarian. No damages or compensation shall be
recoverable by the Owner or any other Person.
5.7. Where a dog is alleged to have bitten any Person or domestic animal,
such dog may be impounded and held by the Pound until proceedings
under DOLA have been followed.
6. DOG BITES OR ATTACKS:
6.1 Where a dog has, or is alleged to have, bitten or attacked a Person or
domestic animal, the Owner of the dog shall ensure that the dog is
muzzled and leashed while the dog is on any property in the Municipality
and on the premises of the Owner, if so ordered by an Animal Control
Officer. Such an order shall set out the conditions of muzzling. If an order
is made pursuant to this section, the dog shall be designated as a
"Dangerous Dog".
6.2. The Owner of a Dangerous Dog shall, at all times, comply with the
provisions of the order in its entirety.
6.3. The Owner of the Dangerous Dog shall, at all times, when the Dangerous
Dog is on the Owner's premises and lands:
6.3.1 keep the Dangerous Dog confined within the premises and post
warning signs clearly visiole to the public on the lands that a
"Dangerous Dog" is located within the premises; or,
6.3.2 keep the Dangerous Dog in an enclosed pen of sufficient
construction and dimension:
6.3.2.1 to provide humane shelter for said Dangerous Dog;
6.3.2.2 to prevent the Dangerous Dog from escaping; and,
6.3.2.3 to prevent the entry into the pen of unsupervised
children.
A warning sign clearly visible to the public shall be posted on the
lands that a "Dangerous Dog" is located thereon / within the
premises.
6.4. The order issued pursuant section 6.1 of this By-law shall remain in effect
unless the order is rescinded or varied by an Animal Control Officer.
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6.5 If the Municipality requires the muzzling of a dog under any
circumstance, the Council shall, upon the request of the Owner of the
dog, hold a hearing to determine whether or not to exempt the Owner
in whole or in part from the requirements.
6.6 Notwithstanding section 6.1, where a dog has, or is alleged to have,
bitten or attacked a Person or domestic animal, the Municipality may
commence proceedings against the Owner of the dog under DOLA.
his PIT BULLS:
7.1 Every Person who is the Owner of a restricted pit bull, as defined within
subsection 7(1) of DOLA, shall comply with DOLA and the regulations
thereunder, and shall also cause the dog to be registered with an
Animal Control Officer within two (2) days of owning the restricted pit
bull. Registration of restricted pit bulls is in addition to the annual
licensing of said dog.
8. LICENSING OF DOGS (TAGS):
8.1 Every Person who is the Owner of a dog shall:
8.1.1 within twenty-one (21) days after the dog comes into his or her
possession; or,
8.1.2 after the dog has reached the age of 12 weeks, whichever is the
later;
apply for, and obtain, a Dog Licence.
8.2 Every Person residing within the Municipality being the Owner of a dog
shall, on or before the 31st day of March in each and every year, cause
such dog to be licenced with the Municipality and shall obtain, each
and every year, a Dog Licence.
8.3. Dog Licences shall expire on the 31st day of December in each year in
which the same was issued.
8.4 An annual licence fee shall be collected and enforced by the
Municipality from the Owner of a dog in the Municipality. The licence
fee shall be as set out in the Fees and Charges By-law.
8.5 A record shall be kept by the Municipality showing the name and
address of the Owner and the serial number of the dog tag.
8.6 Every Owner shall cause the dog tag to be securely affixed on the dog
at all times. The dog tag shall bear: 1) a serial number for the Dog
Licence, and 2) the year the dog tag was issued. The dog tag shall be
supplied by the Municipality, or designate, upon the payment of the
licence fee.
8.7. No Person shall remove the dog tag from a licensed dog, except for a
Hunting Dog, providing it is actively and legally engaged in hunting.
8.8 In the event a dog tag is lost, an Owner shall apply for a replacement
dog tag and shall pay the fee as set out more particularly in the Fees
and Charges By- law.
8.9 Upon application for a Dog Licence, the Municipality shall require the
Owner to produce a certificate, signed by a practicing veterinarian,
that the dog has been inoculated with an anti-rabies vaccine within a
period of twenty-four (24) or thirty-six (36) months, dependent on the
type of vaccination received, immediately preceding the date of the
application for the licence. The certificate shall include:
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8.9.1 the identity of the dog,
8.9.2 the breed, gender, colour, and weight of the dog,
8.9.3 the name of the licensed rabies vaccine (trade name), and
8.9.4. the serial number and duration of the validity (up to 3 years) of the
vaccine. If a validity date does not appear on the certificate, it
will be Considered a one-year vaccine.
A veterinarian may also certify that a vaccination is currently effective
based on antibody titre tests that show the dog has effective immunity.
8.10 If required, the applicant for a license for a spayed female or neutered
male dog shall produce a certificate from a qualified veterinarian that
such dog has been spayed or neutered.
8.11 No Dog Licence shall be transferable.
8.12 An Owner of a Guide Dog, Service Dog or Police Work Dog, upon
oroviding proof that the dog has been trained and/or certified as such,
shall be granted an exemption to the Dog Licence fee.
8.13 Any resident that acquires a dog on a temporary basis, and resides at
that residence for more than one (1) month, shall be required to have
said dog licenced and pay a fee established under the Fees and
Charges By-law.
8.14 Dogs shall reside on the property at which it is licensed/registered.
9. LICENSING OF KENNELS:
9.1 No Person may operate, or continue to operate, a Kennel in the
Municipality without a Kennel Licence.
9.2 Kennel Licences may be issued by Council annually for all Kennels,
which may be subject to certain conditions, as determined and
imposed by Council. The aforesaid conditions imposed by Council shall
remain in full force and effect until Council agrees to change the
conditions.
9.3. An application for a new Kennel Licence shall be submitted to the
Municipality in the prescribed form, including a detailed site plan and
the appropriate fee. An annual renewal application for an existing
Kennel License shall be submitted to the Municipality in the prescribed
form, including the appropriate fee.
9.4 New Kennel Licences shall only be issued by Council once the Council
is satisfied that the site plan required in section 9.3 of this By-law has been
completed in accordance with the specific standards for Kennels
contained in this By-law.
9.5 Conditional Kennel Licences may be granted by the Clerk when a
change of ownership occurs, within the Municipality, subject to the
following process:
9.5.1 an application fee shall be established under the Fees and
Charges By-law;
9.5.2 awritten request shall be submitted to the Clerk along with the
appropriate application fee; and,
9.5.3. the conditional licence shall be subject to the closing transaction
of the property.
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9.6 AllKennel Licences shall be valid for a one-year period commencing on
the date of issuance (typically January 1st) and expiring on December
3151 of the same year.
9.7 Every owner of a Kennel shall pay an annual licence fee in accordance
with the provisions of the Fees and Charges By-law.
9.8 Any new Kennels:
9.8.1 notwithstanding section 20.1 of this By-law, may contain a
maximum number of fifteen (15) dogs, subject to compliance with
the requirements contained in this By-law;
9.8.2 subject to subsection 9.8.3 of this By-law, may only license, keep
or raise Purebred dogs or dogs from Recognized Breeds; and,
9.8.3 may keep Crossbred dogs provided that a minimum of five (5)
Purebred dogs are maintained in the Kennel as part of the
maximum fifteen (15) dogs.
9.9 Unsold Puppies will be counted towards the total number of dogs kept
at a Kennel upon reaching four (4) months of age.
9.10 A Kennel Licence issued prior to this By-law coming into effect is subject
to certain conditions imposed by Council, those conditions shall remain
in full force and effect, unless and until changed by Council.
9.11 Notwithstanding section 9.10 of this By-law, a Kennel existing on the day
of passing of this By-law may continue to house the existing number of
dogs, or the number of dogs permitted as a condition of Council.
9.12 After having given notice in writing, the Municipality may, at any time,
cancel a Kennel Licence when it is of Council's opinion that the
continued operation of the Kennel is not in the best interest of the
Municipality. Such grounds for cancellation shall include, but are not
limited to, unresolved problems with noise, sanitation, care of dogs, and
uses other than permitted by the Kennel Licence.
9.13 The written notice described in section 9.12 of this By-law shall be
delivered in person or mailed by prepaid registered mail to the
registered owner of the Kennel. Service by prepaid registered mail shall
be deemed served upon receipt of service.
9.14. Each Kennel must conform to the provisions of the Zoning By-law and no
Kennel, run, pen or exercise yard shall be erected contrary to the
provisions of such Zoning By-law.
9.15 The owner or operator of a Kennel shall erect and install a fence, with
minimum height of four (4) feet, around every pen, run or exercise yard.
Such fence is to be constructed to prevent visibility from the exterior and
to provide acoustical barriers where necessary, as determined by the
Municipality.
9.16 No more than one Kennel per property will be allowed.
9.17 No Person shall operate a Kennel unless they are the owner of the
property on which the Kennel is located.
9.18 The owner, operator, and/or manager of the Kennel shall reside on the
property on which the Kennel is located.
9.19 No Kennel shall be located within a minimum of one hundred fifty (150)
metres (492 feet) of any adjacent habitable building, building used for
the keeping of Livestock or any road allowance, excluding buildings of
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the owner of the property on which the Kennel is located. The Kennel
facility must be separate from all other facilities. Separate from all other
facilities shall mean:
9.19.1 a separate entrance way;
9.19.2a solid wall, of impermeable material, separating the Kennel
facility from habitable facilities or facilities used for the keeping of
livestock; and,
9.19.3 separate ventilation and duct work.
9.20 No Person shall operate a Kennel except in accordance with the terms
and conditions of the Kennel Licence issued by the Municipality.
9.21 No licence will be issued or renewed to any Kennel operator that does
not comply with this By-law.
9.22 All dogs, prior to final sale from a Kennel, shall be Microchioped and/or
tattooed.
9.23 All dogs entering into a Kennel must be accompanied by a letter from
a qualified veterinarian stating the dog has been examined and has no
health issues and in acceptable body form.
9.24 All dogs, being adopted and/or sold from a Kennel, must be certified
by a qualified veterinarian to be healthy with no issues including teeth,
weight, eyes etc. A Kennel must keep all records of such adoptions and
sales for review by the Animal Control Officer.
9.25 Every Person who holds a Kennel Licence or the operator of a Kennel
shall not admit a dog into the Kennel unless it is immunized against
distemper, hepatitis, rabies, parvovirus, para influenza and bordatella.
9.26 If a veterinarian confirms that a Kennel has an outbreak of distemper,
hepatitis, rabies, parvo virus, or any infectious or contagious disease, the
Kennel shall be closed forthwith by an Animal Control Officer, the Health
Unit or such other Person as may be appointed by Council and the
Kennel Licence shall be immediately suspended. The Kennel may
reopen and have its Kennel Licence reinstated by Council upon a
written report from the veterinarian that danger of disease is passed.
10. KENNEL CONDITIONS:
10.1 Every Person who owns and operates a Kennel shall construct and
maintain the Kennel facilities in accordance with the following
regulations:
10.1.1 No dogs shall be kept in unsanitary conditions including an
accumulation of feces, odour, insect or rodent infestation.
10.1.2 The Kennel building shall have floors and walls made of sealed
concrete or other impermeable material (including rigid plastic);
wire floors will not be permitted.
10.1.3The floor of the Kennel building shall be self-draining with a
maximum five (5) minute drain time.
10.1.4 The yards and runways associated with Kennel operation shall be
completely enclosed with a fence as required in section 9.16 of
this By-law.
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10.1.5 Every Kennel shall be properly equipped with accessible fresh
water and adequate feed both in clean, properly sized
containers to maintain dogs in a healthy condition.
10.1.6 Every Kennel shall be provided with adequate natural or artificial
light, proper ventilation and sufficient heat to maintain healthy
conditions.
10.1.7 Every Kennel shall be provided with adequately shaded, open air
runs, properly fenced to maintain control of the dogs and with
adequate space to accommodate the breed of dog being
housed.
10.1.8 Every Kennel shall be constructed to provide the following
individual pen minimum space per dog:
10.1.8.1 less than 12 kgs: 1.0sq. metre per dog
10.1.8.2 12 to 30 kgs: 2.0 sq. metre per dog
10.1.8.3 31 to 50 kgs: 2.5 sq. metre per dog
10.1.8.4 more than 50 kgs: sufficient soace for the dog to
stretch or stand to its full body height and full Body
Length (minimum 2.5 sq. metre per dog)
10.1.9 All Kennels shall have audible and monitored smoke and CO
alarms.
10.1.10 Fire extinguishers shall be placed in the Kennel for easy
access in case of an emergency.
10.2 In addition to the conditions outlined under section 10.1 of this By-law, in
relation to Kennels which breed dogs, the following additional
conditions shall apply:
10.2.1 Every Kennel owner or operator shall maintain accommedations,
separate from the balance of the dogs in the Kennel, for a
Whelping Bitch. The accommodations shall be a minimum of 2 4
times the size of the Whelping Bitch.
10.2.2 A Whelping Box shall be constructed for the Whelping Bitch with
four sides and floor made from impermeable materials. Within the
Whelping Box, breed specific measures should be taken to
prevent accidental suffocation of the puppies by the Whelping
Bitch.
10.2.3 Adequate supplemental heat shall be provided.
10.2.4 All Kennels shall provide sufficient designated space for the
proper enrichment and socialization of puppies to be offered for
sale.
10.2.5 Every Kennel owner or operator shall provide a separate outdoor
run for the Whelping Bitch to prevent transfer of diseases from
other adult dogs to the puppies.
10.2.4 No dog, male and/or female shall be used for breeding until they
reach 1 (one) year of age, and the dog shall be retired once they
reach 8 (eight) years of age. After a female dog reaches 6 (six)
years of age, the Kennel operator shall provide the Animal Control
Officer with written notification from a qualified veterinarian that
the dog is in good health and that to continue breeding would
not compromise the health of the dog.
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10.2.7 All adult breeding dogs shall receive annual veterinarian checks
with required immunizations as per veterinarian
recommendations. The records of such immunizations shall be
kept by the Kennel owner and made available to the Animal
Control Officer upon request. Full medical disclosure shall be
made by the breeder when breeding dogs are being sold an/or
adopted out of the Kennel.
10.2.8 Crossbred dogs shall not be bred at any Kennel. The only dogs
that may be bred shall be dogs that are Purebred or dogs from
Recognized Breeds.
11. RECORDS:
11.1. Every Person who operates a Kennel shall maintain records of the
following minimum information:
11.1.1 The names and addresses of the Owners of all dogs cared for
at the Kennels;
11.1.2 The dates of arrivals and departures of the individual dogs from
the Kennels;
11.1.3 Breeding and identification records of all Whelping Bitches and
stud dogs and the resulting litters;
11.1.4The names and adaresses of the purchasers of the individual
dogs; and,
11.1.5 Veterinarian records on individual dogs maintained in the Kennel.
12. KENNEL INSPECTIONS/POSTING OF LICENCE:
12.1. Every Person who holds a Kennel Licence or the owner/operator of the
Kennel shall, at all reasonable hours, be open to inspection by an
Animal Control Officer. Licencing inspections may be conducted
annually. Additional insoections may be conducted throughout the
year as deemed necessary by the Animal Control Officer.
12.2 Every Person who holds a Kennel Licence or the owner/operator of the
Kennel shall keep the Kennel Licence posted in a conspicuous place on
the premises and shall, when so requested by an Animal Control
Officer, produce such Kennel Licence for inspection.
13. CODE OF PRACTICE FOR CANADIAN KENNEL OPERATIONS:
13.1. Every Person who owns or operates a Kennel shall comply with the
requirements set out in "A Code of Practice for Canadian Kennel
Operations" (Canadian Veterinary Medical Association, Third Edition
2018}, as amended.
14. COMPLAINTS:
14.1. In the event that a complaint is received by the Municipality that the
owner of a Kennel is not in compliance with the minimum standards set
out in Section 10 of this By-law:
14.1.1 an Animal Control Officer shall be directed to investigate the
matter and prepare a report to the Municipality;
14.1.2 upon receipt of the Officer's report, the Municipality may request,
at the owner's expense, that a veterinarian re-inspect and
provide an up-to-date approval of the Kennel; and
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14.1.3 in the event that the owner is found in contravention of this By-law
and the owner is unable or unwilling to comply with the provisions
of section 10 of this By-law, the Animal Control Officer shall
commence proceedings to revoke the License under section 15
of this By-law.
15. REVOCATION OF KENNEL LICENSE:
15.1 Any Kennel License issued under the provisions of this By-law may be
revoked by Council prior to its expiration for any breach of the provisions
of this By-law on being given thirty (30) day written notice.
15.2 Prior to the revocation of the Kennel License, the Animal Control Officer
shall give notice in writing to the owner by regular mail or personal
delivery.
16. DOG WASTE:
16.1 Every Person who owns, harbours, possesses or is in control of any dog
within the Municipality shall remove forthwith and dispose of, in a
sanitary manner, any excrement left by the dog on any property other
than the premises of the Owner of the dog.
16.2 A Blind Person with a Guide Dog or special needs person with a Service
Dog are exempt from the provisions of section 16.1.
17. LIVESTOCK:
17.1. No Owner of Livestock shall permit their Livestock to run at large in the
Municipality or fail to prohibit their Livestock from running at large.
17.2. Livestock is deemed to be running at large if found in any place other
than the premises of the Owner of the Livestock, and not under the
Control of any Person.
17.3. An Owner of Livestock shall provide the necessary fencing and/or such
other measures so as to prevent their Livestock from running at large.
17.4 Livestock running at large may be captured by an Animal Conirol
Officer and impounded at a Pound, as deemed necessary by the
Animal Control Officer.
17.5 An Animal Control Officer may enter on any property, at any
reasonable time, for the purpose of capturing Livestock running at
large.
17.6 Any Person may capture Livestock that is running at large on his/her
property and deliver the same to an Animal Control Officer, who may
impound said Livestock.
17.7. Where an Animal Control Officer impounds or otherwise detains
Livestock found running at large, contrary to the provisions of this By-
law, and the Owner of the Livestock is known, the Officer shall return
the Livestock to the Owner.
17.8. Where Livestock is impounded, the Owner shall be liable for the
payment of all applicable fees and charges and shall pay all fees and
charges on demand.
17.9. Where injured Livestock is impounded or detained for running at large
and requires the immediate services of a qualified veterinarian, the
Municipality, or its Officer, may deliver the injured Livestock to a qualified
veterinarian for care and shall notify the Owner, if known. If it is in the
Page | 12
opinion of the veterinarian the Livestock is ill or injured and is incapable
of being so cured or healed as to live thereafter without suffering, the
veterinarian may order the Livestock to be euthanized in accordance
with the laws of Ontario.
Where injured Livestock has been delivered to a qualified veterinarian for
care pursuant to section 17.9 of this By-law, the Owner of the Livestock shall
be responsible for any and all costs or charges associated with the services
provided by the veterinarian. No damages or compensation shall be
recoverable by the Owner or any other Person.
18. PROHIBITED ANIMALS:
18.1 No Person shall own, harbour, possess, keep, sell or offer for sale, any of
the animals listed below as a pet or for any other purpose, for any period
of time:
18.1.1 All non-human primates (such as gorillas and monkeys);
18.1.2 All felids, except for the domestic cat;
18.1.3 All canids, except for the domestic dog, as referenced in
this By-law;
18.1.4 All mustelids (including, but not limited to, skunks, weasels,
otters, badgers, etc.), except the domestic ferret;
18.1.5 All viverrine (such as mongooses, civets and genets);
18.1.6 All marsupials (including, but not limited to, kangaroos,
sugar gliders and opossums);
18.1.7 All bats, raccoons or squirrels;
18.1.8 All ursids (bears);
18.1.9 All hyeans;
18.1.10 All snapping turtles;
18.1.1] All elephants;
18.1.12 All snakes of the families Pythonidae and Boidae;
18.1.13 All poisonous and venomous snakes;
18.1.14 All poisonous and venomous arachnids (including, but not
limited to, spiders);
18.1.15 All poisonous and venomous lizards;
18.1.16 All crocodilians (including, but not limited to, alligators and
crocodiles);
18.1.17 All raptors (such as eagles, hawks owls and falcons);
18.1.18 Any endangered species as defined by the Canadian
Wildlife Service;
18.1.19 Any Livestock in a residentially zoned property; or,
18.1.20 Any other animal as prescribed by Council.
Page | 13
18.2. Notwithstanding section 18.1 of this By-law, section 18.1 of this By-law
shall not apply to:
18.2.1 Circuses;
18.2.2 A Pound;
18.2.3 A veterinary hospital: or,
18.2.4 A "research facility" or "supply facility" as defined by the
Animals for Research Act, R.S.O. 1990, c. A.22, as amended.
19. LIVESTOCK GUARDIAN DOG OR A HERDING DOG EXEMPTION:
19.1. Notwithstanding any other provision of this By-law, this By-law shall not
apply to Livestock Guardian Dog or a Herding Dog, if the Livestock
Guardian Dog or a Herding Dog is Microchipped.
20. MISCELLANEOUS MATTERS:
20.1 Subject to the provisions of this By-law, no owner or occupier of a
premises shall keep more than three (3) dogs on the premises. For the
purpose of this paragraph, Puppies that have not been weaned shall
not be counted in determining the number of dogs on the premises. The
provisions of this section do not apply to:
20.1.1 an animal hospital owned and operated by a veterinarian
licensed by the Ontario Veterinary Association;
20.1.2 a pet store; or,
20.1.3. an Ontario Humane Society Shelter or the Pound which complies
with this By-law.
20.2 Dogs shall only be euthanized by a qualified veterinarian pursuant to the
laws of Ontario.
21. LIABLE FOR DAMAGE:
21.1. The Municipality, its agents and servants shall not be liable for damages
or compensation for any dog euthanized under the provisions of this By-
law and no such damages or compensation shall be paid to any Person.
22. PENALTY PROVISIONS:
22.1 Pursuant to section 425 of the Municipal Act, every Person who
contravenes any of the provisions of this By-law is guilty of an offence
and shall, upon conviction, be liable to a fine as set out herein.
22.2. Pursuant to section 429 of the Municipal Act, every individual convicted
of an offence is liable to a maximum fine of Twenty-Five Thousand Dollars
($25,000.00) for the first offence and a maximum fine of Fifty Thousand
Dollars ($50,000.00) for a subsequent offence.
22.3. Notwithstanding section 22.2 of this By-law, every corporation convicted
of an offence is liable for a maximum fine of Fifty Thousand Dollars
($50,000.00) for the first offence and One Hundred Thousand Dollars
($100,000.00) for a subsequent offence.
22.4 Notwithstanding sections 22.2 and 22.3 of this By-law, every Person
convicted pursuant to this By-law is liable to a set fine as provided for by
the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
Page | 14
23. OUTSTANDING FEES AND CHARGES:
23.1 Pursuant to s. 398 of the Municipal Act, if any part of a fee imposed
pursuant to this By-law remains unpaid after the fee becomes due and
payable, the Municipality may add the outstanding fees to the tax roll
for any property owned by the Person and collect them in the same
manner as taxes.
24. SEVERABILITY:
24.1 Each and every one of the foregoing provisions of this By-law are
severable and if any provisions of this By-law should, for any reason be
declared invalid by any court, it is the intention and desire of this Council
that each and every one of the remaining provisions shall remain in full
force and effect.
25. EFFECTIVE DATE:
25.1 This by-law will come into force and effect upon the passing of this By-
law by Council.
26. REPEAL:
26.1 By-law No. 40-2019 will be repealed on the date this By-law comes into
force and effect.
27. TRANSITION:
27.1 Notwithstanding section 26.1 of this By-law, the provisions of By-law No.
40-2019, as amended, is deemed to continue in force and effect with
respect to any and all orders, appeals or prosecutions issued, filed or
commenced under that by-law and any assessment, rate, charge, tax,
fee, liability or penalty outstanding under By-law No. 40-2019 may be
collected as if such by-law had not been repealed.
27.2 Notwithstanding section 26.1, By-law No. 40-2019, as amended, is
deemed to continue in force and effect with respect to any
enforcement under Part | of the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended.
READ a FIRST and SECOND time this 10th day of June, 2024.
READ a THIRD time and finally passed this 10th day of June, 2024.
Steve Hammell, Mayor Christine Fraser-McDonala, Clerk
Page | 15
OFFICE OF THE REGIONAL SENIOR JUSTICE CABINET DU JUGE PRINCIPAL REGIONAL
ONTARIO COURT OF JUSTICE COUR DE JUSTICE DE L'ONTARIO
WEST REGION minty @ his REGION DE L'QUEST
80 DUNDAS STREET, 10" FLOOR, UNIT L Sth 80, RUE DUNDAS, 10* ETAGE, UNITE L
LONDON, ONTARIO N6A 6A8 43 | LONDON (ONTARIO) N6A 6A8
ic i
EPR ae TELEPHONE/TELEPHONE (519) 660-2292
FAX/TELECOPIEUR (519) 660-3138
August 19, 2024
Christine Fraser-McDonald
Municipality of Arran-Elderslie
Greetings,
Re: Set Fines - Provincial Offences Act -- Part 1 By-law 29-2024, Animal
Control By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in Owen Sound, together with a certified copy of the Bylaw.
Yours truly,
_--
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
ltz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART |
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
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 Statutes
and Regulations thereunder and By-law 29-2024 of the Municipality of
Arran-Elderslie attached hereto are the set fines for those offences. This
Order is to take effect August 19, 2024.
Dated at London this 19t* day of August 2024.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
The Corporation of the Municipality of Arran-Elderslie
Part 1 Provincial Offences Act
By-law No. 29-2024 -- Animal Control By-law
beat AO ee ee
Defining Offence
| __6| Failtoregisterarestricted pitbull =| S71 ~--s| $350.00 |
eee | ee
current year
| 9lfailtokeeptagonlicenceddog--id| 8H $150.00
| _11] Failto produce current rabies certificate | 8.9 | $150.00 _|
contrary to zoning by-law
container size
smoke and carbon monoxide detectors
identification records
Canadian Kennel Operations
Improper fencing for livestock $300.00
Failure to pay livestock impound fees $300.00
Keep prohibited animal
Note: The penalty provision for the offences indicated above is Section 22.4 of
By-law 29-2024, a certified copy of which has been filed.
The Corporation of the Municipality of Arran-Elderslie
Part 1 Provincial Offences Act
By-law No. 29-2024 -- Animal Control By-law
?| ioe
Defining Offence
|_| Failtoregisterarestictedpitbul | 7-1 | $350.00 |
ia ll
current year
| _9|Failtokeeptagonlicenceddog --sd| 8H $150.00 |
| 10|Failtoreplacelosttag --<'idSC"( BS $150.00
-_11] Fail to produce currentrabies certificate | = 8.9 | $150.00 _|
| _12| Fail to provide proofofspay/neuter | B10 | $150.00 |
contrary to zoning by-law
drain
container size
smoke and carbon monoxide detectors
identification records
Canadian Kennel Operations
Note: The penalty provision for the offences indicated above is Section 22.4 of
By-law 29-2024, a certified copy of which has been filed.