By-law No. 29-2024 - To Regulate Animals (Animal Control By-law)

Arran–Elderslie, Ontario · No. 29-2024 · adopted 2024-06-10 · summary & facts

This is the exact embedded text of the captured official document. Snapshot b2d67039bb08 · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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; Page | 1 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; Page | 2 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 Page | 3 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. Page | 4 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. Page | 5 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: Page | 6 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. Page | 7 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 Page | 8 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. Page | 9 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. Page | 10 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 Page | 11 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.