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[
-TOWNS HI P OF--
ASHFIELD-COLBORNE-WAWANOSH
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 30-2022
BEING A BY-LAW to regulate animal care and control within the
Township of Ashfield-Colborne-Wawanosh.
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001 c. 25 provides that a
Municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority;
AND WHEREAS Section 11 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 authorizes a
lower-tier Municipality to provide any service or thing that the Municipality considers
necessary or desirable for the public, subject to the rules set out in Subsection (4) of the
Act;
AND WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001 c. 25 authorizes a
lower-tier Municipality to pass by-laws respecting animals;
AND WHEREAS Section 103(1) of the Municipal Act, 2001, S.O. 2001 c. 25 provides that
municipalities may pass a by-law regulating or prohibiting with respect to the being at
large or trespassing of animals and may provide for the seizure, impounding and sale
of such animals being at large or trespassing contrary to the by-law;
AND WHEREAS Section 105 of the Municipal Act, 2001, S.O. 2001 c. 25 provides that a
Municipality 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
requirement to Muzzle a Dog;
AND WHEREAS Section 151 of the Municipal Act, 2001, S.O. 2001 c. 25 authorizes a
Municipality to provide for a system of Licenses with respect to a business;
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001 c. 25 authorizes a
Municipality to impose fees or charges on persons for services or activities provided or
done by or behalf of it;
AND WHEREAS Section 398(2)(2) of the Municipal Act, 2001, S.O. 2001 c. 25 authorizes a
Municipality to add licensing fees and penalties to the property tax roll;
AND WHEREAS Section 12 of the Dog Owners' Liability Act, R.S.O. 1990, c. d.16
designates a Municipal Law Enforcement Officer as a Peace Officer for the purposes of
enforcing the Act;
AND WHEREAS The Corporation of the Township of Ashfield-Colborne-Wawanosh
deems it desirable to pass a by-law with respect to the control of animals and
Prohibited Animals;
NOW THEREFORE the Council of the Corporation of the Township of Ashfield-Colborne-
Wawanosh enacts as follows:
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By-Law 30-2022- Animal Control
1.
SHORT TITLE
1.1
This By-law may be cited as the "Animal Control By-law".
2.
DEFINITIONS In this By-law:
2.1
"Act" means the Municipal Act, 2001, R.S.O. 2001, Chapter 25, as amended from
time to time.
2.2
"Animal Control Officer" means the person or contractor appointed by Council,
or any employee or agents of such person or contractor, to carry out, enforce
and implement the provisions of this By-law.
2.3
"Attack" means an assault resulting in bleeding, bone breakage, sprains, or
bruising.
2.4
"Bite" means a wound to the skin causing it to puncture or break.
2.5
"Clerk" means the Clerk appointed by the Council pursuant to the Act.
2.6
"Council" means the Council of the Corporation of the Township of Ashfield-
Colborne-Wawanosh.
2.7
"Dog" means a male or female Dog over the age of twelve (12) weeks and may
be neutered or spayed.
2.8
"Dog Identifier" means a physical tag attached to the Dog or Microchip bearing
information that identifies the Owner of the Dog, with accurate contact
information for the Owner.
2.9
"Dwelling unit" shall have the same meaning as defined in the Ontario Building
Code, O.Reg. 332/12, as amended.
2.1 O
"Guide Dog" means a Dog which serves as a guide or leader for a person with a
medical or physical disability or performs search and/or rescue functions and
which has been specially trained for that purpose.
2.11
"Harbour" means any person who possesses or has custody of an animal but
does not include providing shelter to a Dog for a period of time of less than
seven (7) days, provided that the Dog is owned by someone other than the
Household Group normally a resident in the Dwelling Unit and can provide proof
of a permanent address.
2.12
"Herding Dog" means a Dog that has been trained and is actively being used in a
bona fide farming operation for the purposes of controlling Livestock on the
farm.
2.13
"Household Group" means two or more persons who live in the same Dwelling
Unit whether or not they are related to one another.
2.14
"Kennel" shall mean a Licensed establishment where more than five (5) Dogs are
kept for the purpose of show, training, keeping, breeding, and raising for profit
or gain, but shall not apply to the keeping of animals in a veterinary
establishment for the purpose of receiving veterinary services including
treatment, observation or recovery.
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By-Law 30-2022 - Animal Control
2.15
"License" means a license issued by the Municipality pursuant to the Act and this
By-law.
2.16
"Livestock" means any domesticated farm fowl including chickens, geese, ducks,
turkeys, and guinea fowl; and domesticated farm animals including horse,
donkey, mule, bull, ox, cow or other cattle, goat, swine, sheep, llama, mink, fox,
alpaca, rabbit, emu and ostrich.
2.17
"Livestock Guardian Dog" means a Dog that works and/or lives with domestic
farm animals (e.g. cattle, sheep, poultry) to protect them by repelling predators
and is used exclusively for that purpose.
2.18
"Municipality'' means the Corporation of the Township of Ashfield-Colborne-
Wawanosh.
2.19
"Municipal Law Enforcement Officer" means an individual appointed by the
Council pursuant to s. 15 of the Police Services Act, R.S.O. 1990, c. P. 15, as
amended.
2.20
"Microchip" means an encoded identification device meeting the Canadian
standard of the National Companion Animal Coalition and implanted into an
animal, which contains a unique code that permits or facilitates access to owner
information, including the name and address of the owner, which is stored in a
central data base.
2.21
"Muzzle" means a humane fastening or covering device of adequate strength
placed over the mouth of an animal to prevent it from biting and the word
"Muzzled" and or "muzzling'' have a similar meaning.
2.22
"Owner" means any person who owns, possesses, Harbours or has custody of
an animal and, where the owner is a minor, the person responsible for the
custody of the minor. This shall also include a person who is temporarily the
keeper of the animal.
2.23
"OSPCA" means the Ontario Society for the Prevention of Cruelty to Animals.
2.24
"Peace Officer" means the Animal Control Officer and/or a Provincial Offences
Officer with the meaning of the Provincial Offences Act, R.S.O. 1990, Chapter P.33.
2.25
"Pound" means the place designated by Council used for the temporary housing
and care of animals that have been impounded pursuant to this By-law.
2.26
"Pound Keeper" means the person or contractor designated for the Municipality
to oversee and operate the Pound.
2.27
"Prohibited Animal" means an animal described in Schedule A of this By-law.
2.28
"Urban" means those land uses designated pursuant to the Municipality's Zoning
By-law, By-law 32-2008, as amended, for residential, recreational, commercial,
industrial, institutional, or developmental within a recognized Town, Village,
Hamlet, or other recognized settlement area.
2.39
"Vicious Dog" means a Dog which has, Without Provocation, attacked or bitten a
person or another animal or communicated by its actions or intention, habit,
tendency or has demonstrated a propensity to do so.
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2.30
"Without Provocation" means in the absence of teasing, tormenting, abusing or
assaulting actions upon the Dog, or its owner, either in the past or the present,
by the person or domestic animal, who sustained the Bite or Attack.
3.
RESPONSIBILITY TO CARE FOR ANIMALS
3.1
Every person who keeps an animal within the Municipality shall ensure that such
animal is provided with:
(a) a clean and sanitary environment free from an accumulation of fecal matter,
odor, insect infestations or rodent attractants that disturb o:- are likely to
disturb the enjoyment, comfort, convenience of a person or may endanger
the health of any person or animal; and,
(b) adequate and appropriate care, food, water, shelter, and opportunity for
physical activity.
(c) For every Dog, a "Dog Identifier".
4.
LIMIT OF ANIMALS
4.1
No person shall Harbour more than a combined total of five (5) cats and dogs at
any one time in a Dwelling Unit within Urban areas within the Municipality.
4.2
No person shall Harbour more than two (2) dogs in a Dwelling Unit within an
Urban area of the Municipality.
4.3
No person shall Harbour more than five (5) Dogs in a Dwelling Unit located
within rural areas of the Municipality.
4.4
No person shall Harbour more than a total of five (5) rabbits, rats or mice in each
Dwelling Unit and shall only keep them as pets and shall not breed them for
commercial purposes.
4.5
Notwithstanding section 4.1, any person owning more than the permitted
number of Dogs at the time of passing of this By-law is permitted to maintain
those Dogs with proof of ownership provided that if the Dogs are sold or are no
longer in the possession of the Owner, the provision of section 4.1 shall apply.
4.6
In a rural area, a person may Harbour more than five (5) Dogs on a property
without a Kennel License, provided,
(a) the person is keeping Livestock upon the same property;
(b) the property is zoned agricultural pursuant to the Municipality's Zoning By-
law, By-law 32-2008, as amended; and,
(c) the Dogs are Livestock Guardian Dogs and or Herding Dogs.
5.
VICIOUS DOGS
5.1
Every owner of a vicious dog (pit bull) shall obtain a special licence; the fee is set
out in Schedule C of this By-law.
5.2
An owner of a Vicious Dog shall obtain and maintain a policy of public liability
insurance by an insurer Licensed by the Province of Ontario providing third
party liability coverage in the amount of Five Hundred Thousand (500,000)
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II
dollars for any damage or injury caused by said Dog. Proof of insurance shall be
provided to the Municipality.
5.3
An owner of a Vicious Dog shall have a Microchip implanted in the Dog, by a
veterinary clinic or OSPCA.
5.4
An owner of a Vicious Dog shall provide the information contained on the
Microchip to the Clerk.
5.5
An owner of a Vicious Dog shall post "Beware of Dog Signs" on the perimeter of
the property upon which the Dog is housed.
5.6
An owner of a Vicious Dog shall keep such Dog confined within the property or
keep such Dog confined in an enclosed pen of sufficient dimension and
construction to provide humane shelter for the Dog while preventing the Dog
from escape and preventing entry from unsupervised children.
5.7
An owner of a Vicious Dog shall ensure that the enclosure or other structure is
locked at all times.
5.8
An owner of a Vicious Dog shall notify the Animal Control Officer if the animal is
running at large.
5.9
No owner of a Vicious Dog shall permit it to be walked by a person under
eighteen (18) years of age and shall ensure that the Vicious Dog is Muzzled and
leashed.
5.10
All requirements for a Vicious Dog shall be required until the Dog is destroyed or
Council exempts the owner from the Vicious Dog requirements.
5.11
The Council of the Municipality 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 Vicious Dog requirements.
6.
PIT BULLS AND PIT BULL CROSSES
6.1
In this By-law, "Pit Bull" includes,
(a) a pit bull terrier;
(b) a Staffordshire bull terrier;
(c) an American Staffordshire terrier;
(d) an American pit bull terrier; and
(e) a Dog that has an appearance and physical characteristics that are
1·
substantially similar to those of Dogs referred to in any of clauses (a) to
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(d).
6.2 Pit Bulls and Pit Bull crosses shall have a special License fee as set out in Schedule C
of this By-law.
6.3 Every owner of a pit bull or pit bull cross shall ensure that the vicious dog is muzzled
and leashed while walking and shall comply with all other aspects and conditions as
stated in this By-law, and the Pit Bull Control regulation, 0. Reg. 157-05, as
amended.
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By-Law 30-2022 - Animal Control
7.
KENNEL LICENSING
7.1
No person shall operate a Kennel without, before the 31st of March in each and
every year, or upon the commencement of the operation of a Kennel after the
31st of March in a given year, first applying for and obtaining from the Clerk a
Kennel License and paying the prescribed fee as set out in Schedule C to this By-
law.
7.2
A License issued shall expire on the 31st day of December in the year for which it
was issued.
7.3
No person or persons shall keep more than the permitted number of Dogs in
Section 4 over the age of twelve (12) weeks at one location unless a Kennel
License is obtained.
7.4
Every person who holds a Kennel License shall comply with the following
requirements:
(a) The Kennel shall be in separate building from a Dwelling Unit.
(b) The Kennel building and its location must conform to the applicable zoning
by-laws and the Ontario Building Code, 0. Reg. 350/06 as amended.
(c) The Kennel building shall have a floor of concrete or other impermeable
material and shall have a drain opening constructed as a plumbing fixture
and such floor shall be thoroughly cleaned daily, or more often if
necessary.
(d) The Kennel building shall have adequate lighting, windows that may be
opened for proper ventilation, a heating system sufficient to adequately
heat the building, running water and a food preparation area, pursuant to
the Code of Practice for Canadian Kennel Operations, Second edition, May,
2007.
(e) Maintain inside Dog runs minimum standards, as follows:
(i)
at least 2.5 feet (0.75 metres) wide, 6 feet (1 .8 metres) high and 15
square feet (1.35 metres) in area per Dog;
(ii)
has a floor of solid, readily sanitized and fluid-impervious material;
(iii)
is enclosed by walls of solid, readily sanitized and fluid impervious
material or surrounded by partitions which are solid, readily
sanitized and fluid -impervious materials extending from the floor
for at least 4 feet (1.2 metres) above the solid material, or other
material that will prevent an animal confined in the run from
escaping which extends to 6 feet (1.8 metres) above the floor. If
the weight of the Dog does not exceed 26 Pounds, the
wall/partition height may be reduced to 39";
(iv)
is constructed so that liquid cannot escape or pass to another run
except through a drain, or drainage channel leading directly to a
drain, which is inaccessible to an animal in the run;
(v)
has a door which does not open into another run;
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By-Law 30-2022 - Animal Control
(vi)
is well constructed and secure;
(vii)
is well ventilated; and,
(viii)
is properly drained.
7.5
During periods when Dogs are being housed outside in addition to the
provisions of 7.4 above, the breed of Dog must be properly acclimatized to
seasonal and regional temperatures. Aged, young, or infirmed Dogs shall be
housed indoors. Shelter and protection from cold and heat must be provided
including protection from direct sunlight, rain, sleet, and snow, which includes
an enclosed area with dry bedding, properly drained and a cement pad or patio
stones in front of the Dog house door.
7.6
Where a clipping and grooming service is performed, such clipping and
grooming shall be carried out in the Kennel building only.
7.7
The Kennel License shall be continuously displayed in a conspicuous place in the
interior of the property for which the License has been issued.
7.8
At all times the Kennel operator shall maintain the facility in a sanitary, well
ventilated, clean condition, and free from offensive odors.
7.9
The operator shall keep the Dogs in sanitary, well bedded, well ventilated,
naturally lighted, clean quarters at a healthy temperature at all times.
7.10
The operator shall feed and give water to the Dogs periodically each day and
keep same in a clean, healthy condition, free from vermin and disease.
7.11
The Animal Control Officer and or Municipal Law Enforcement Officer and any
other person authorized by the Municipality may, at any reasonable time,
inspect any place where Dogs are kept, pursuant to this By-law.
7.12
If the Kennel is found not to conform, under the requirements set out herein,
the Animal Control Officer and or Municipal Law Enforcement Officer may
contact the OSPCA or any other agency with the Dog's best interests and
wellbeing in mind. The Clerk may revoke the License issued for the Kennel if the
owner is in contravention of this By-law.
7.13
No Kennels will be allowed for Dogs listed in Section 6.
8.
RUNNING AT LARGE
8.1
No person shall permit a Dog to run at large within the boundaries of the
Municipality.
8.2
No person shall permit a Prohibited Animal, as described in Schedule A, to be at
large within the boundaries of the Municipality.
8.3
For purposes of this Section, a Dog shall be deemed to be running at large if
found not to be under the control of a competent and responsible person at any
place within the boundaries of the Municipality other than the property of the
owner of the Dog.
8.4
A Dog shall be deemed to be running at large if found on municipal property and
not on a leash, unless at a designated leash free park.
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8.5
A Dog shall not be deemed running at large if, while off the property of its
owner, the Dog is within an endosed area or a working invisible fence and other
appropriate electronic restraining devices from which it does not appear to be
able to escape, with the consent of the owner of such enclosed area.
8.6
A Dog shall be deemed to be under control of a competent and responsible
person if it is on a leash attached to a collar or harness, and which leash is a
maximum length of 6 feet (1.8 metres), in the hands of an individual who
appears to be able to restrain the Dog and/or maintain control over the Dog. A
leash is not required for a Guide Dog or hunting Dog while performing their
respective work/services.
8.7
A Dog being used for the purpose of hunting, without permission from the
landowner, will be considered running at large.
8.8
Female Dogs in heat must be confined to a building isolated from other Dogs
and remain there until such time as the heat has ended.
8.9
If a Dog is tied or in a pen, it shall be at least 3 feet (0.9 metres) from any
property line.
9.
9.1
SEIZURE AND IMPOUNDING
A Peace Officer, Animal Control Officer and/or Pound Keeper appointed by the
Municipality may seize and impound any animal found running at large. The
animal will be impounded under the direction of the Pound Keeper appointed by
the Municipality.
9.2
For purposes of this Section, an animal at large shall be deemed to be any
Prohibited Animal, or Dog as described in Section 9 of this By-law.
9.3
If an animal found running at large has been injured and should, at the
discretion of the Peace Officer, Animal Control Officer or Pound Keeper, be
destroyed without delay for humanitarian reasons, the Peace Officer, Animal
Control Officer or Pound Keeper may destroy the animal in a humane manner
after seizing the animal as he/she thinks fit and no damages or compensation
shall be recoverable by the owner of the animal on account of such destruction.
9.4
The Peace Officer or Animal Control Officer may destroy any animal found
running at large if the animal cannot be seized within a reasonable time and
which animal threatens the safety of the Peace Officer or Animal Control Officer
or other persons, and no damages or compensation shall be recoverable by the
owner of the animal on account of such destruction.
9.5
Where an animal has been impounded and has not been destroyed, the Pound
Keeper shall release possession of the animal to its owner when:
(a) the owner attends at the Pound and claims possession of the animal
within three (3) days, excluding the day which the animal was impounded,
statutory holidays, Saturdays, and Sundays,
(b) the owner provides proof that the animal is permitted by this By-law,
(c) any emergency veterinary fees deemed to be necessary during the time
of impound have been paid and provides proof thereof,
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(d) the owner pays to the Municipality/Pound Keeper any seizure/Pound fee
and boarding fee per day for each day the animal has been in the Pound,
commencing the day the animal is seized and including the day the
animal is removed from the Pound and a Municipal administration fee as
described in Schedule C of this By-law by the Owner.
9.6
Where an animal has been seized while found running at large and impounded
and the owner has not claimed the animal within three (3) days, excluding the
day on which the animal was seized, statutory holidays, Saturdays and Sundays,
or having attended at the Pound to claim the animal but did not pay the
prescribed fees, the Clerk, Animal Control Officer or Pound Keeper may sell the
animal for such price as he/she deems fit, destroy the animal in a humane
manner, or otherwise dispose of the animal at his/her discretion, and no
damages or compensation shall be recoverable by the owner as a result of any
such action.
9.7
Where an animal is impounded, the owner of the animal shall be liable for all
fees prescribed herein, including the fees for destruction of the animal where
the animal has been destroyed, whether or not the animal is claimed by the
owner. All such fees shall be payable on written demand to the owner from the
Clerk.
9.8
If the owner has not paid the fee within thirty (30) days of the written demand
for payment, such fees may be collected by action or in the same manner as
municipal taxes.
10.
CAUSING A DISTURBANCE
10.1
No person, being the Owner of a Dog or the operator of a Kennel shall permit a
Dog or Dogs to persistently howl, bark or whine for a period in excess of 15
minutes, if such conduct disturbs or is likely to disturb the inhabitants of the
Municipality.
11.
REMOVAL OF DOG EXCREMENT
11.1
Every person who owns controls or harbours a Dog shall remove forthwith any
excrement left by such Dog on public or private lands within the boundaries of
the Municipality.
12.
PROHIBITED ANIMALS
12.1
No person shall keep in the Municipality either on a temporary or permanent
basis, any Prohibited Animal, as set out in Schedule A.
12.2
Despite Section 12.1, a person may be permitted to keep such Prohibited
Animals if they comply with the following conditions:
(a) the Prohibited Animal was housed on a property within the limits of the
Municipality prior to the adoption of this By-law and such Prohibited
Animal is registered at the municipal office;
(b) the animal is kept in an environment which is appropriate for the species;
(c) the owner has filed a letter of request, as shown in Schedule E for an
exemption from Section 12.1 of this By-law and has received approval in
writing from the Clerk; and,
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(d) an initial on-site inspection is conducted of the Prohibited Animals by the
Animal Control Officer. ·
12.3
The burden of proof for an exemption from Section 12.1 rests with the person
making the request for exemption to the Clerk. Written approval from the Clerk
shall be deemed as an exemption from Section 12.1 of this By-law.
12.4
The Clerk shall maintain a list of all Prohibited Animals and owners from which
an exemption has been granted, in accordance with Section 12.2.
12.5
Any Prohibited Animal(s) allowed in Section 12.2 shall be registered within forty
five (45) days of Notice of Passing of this By-law, failing which the owner of such
animal shall be deemed to be in violation of this By-law.
12.6
Any owner of Prohibited Animal(s) allowed in Section 12.2 that is registered as
per Section 12.5 is permitted to maintain the animal provided that if the animal
should die or is no longer in the possession of the owner, the animal is not
permitted to be replaced.
12.7
Section 13 shall not apply to:
(a) any of the Municipality's animal care and control centers;
(b) a property zoned to permit exotic animals, pursuant to the Municipality'
Zoning By-law, By-law 32-2008, as amended;
(c) the property of the OSPCA;
(d) the property of an accredited veterinary facility under the supervision of
a veterinarian Licensed pursuant to the Veterinarians Act, R.S.O. 1990,
Chapter V.3, as amended;
(e) the property of any Licensed zoo or exhibit, permanently located in the
Municipality;
(f) property or facilities accredited by the Canadian Association of Zoos and
Aquaria (CAZA);
(g) the areas of the Municipality in which professionally produced films are
made using such animals, provided that there is supervision by
Inspectors or Agents of the OSPCA or one of its affiliates or branches;
(h) the areas of the Municipality in which educational programs are being
conducted with animals, provided that the animals are owned by
institutions accredited by CAZA or the American Zoo and Aquarium
Association and only while the educational programs are actually
conducted, provided that such programs are limited to two (2) days at
any one location;
(i)
property registered as research facilities pursuant to the
Animals for Research Act, R.S.O. 1990, c. A.22, as amended;
and
U)
property where wildlife rehabilitation is being undertaken
in accordance with the Fish and Wildlife Conservation Act,
1997, S.O. 1997, Chapter 41, as amended and associated
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regulations under the jurisdiction of the Ontario Ministry of
Natural Resources.
13.
FEES
13.1
Every owner of a dog or a Kennel shall pay the fees set out in Schedule C to this
By-law and in accordance with this By-law.
14.
EXEMPTION TO THIS BY-LAW
14.1
The provisions of this By-law shall not apply to the owners, operators,
employees or agents of facilities listed in Schedule B to this By-law
15.
ENFORCEMENT
15.1
This By-law shall be enforced by an Animal Control Officer, Municipal Law
Enforcement Officer or Peace Officer.
15.2
The Animal Control Officer may at any time request the assistance of the Ontario
Provincial Police to enforce any provision of this By-law.
16.
PENAL TY PROVISIONS
16.1
Every person who contravenes any of the provisions of this By-law is guilty of an
offence and all contraventions of this By-law are designated as continuing
offences, pursuant to section 429 of the Act
16.2
Every person who is convicted of an offence is liable to a minimum fine of Two
Hundred and Fifty Dollars ($250.00) and 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.
16.3
Notwithstanding section 16.2, every person who contravenes any provision of
this By-law is guilty of an offence and on conviction is liable to a fine as provided
for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
17.
SEVERABILITY
17.1
Each and every one of the foregoing provisions of the By-law is 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
then remaining provisions shall remain in full force and effect.
18.
EFFECTIVE DATE AND REPEAL SECTION
18.1
This By-law will come into force and effect on April 5, 2022.
18.2
Notwithstanding section 18.1, the set fines referred in section 16.3 above will
come into force and effect upon the final approval of the set fines schedule by
the Chief Justice, or designate, of the Ontario Court of Justice pursuant to Part 1
of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. The set fines
schedule, as approved in attached hereto as Schedule "A" and forms part of this
By-law.
18.3
By-law 38-2021 is hereby repealed and replaced by this By-Law.
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18.4
Notwithstanding Section 18.3, the provisions of By-law number 57-2015, and the
amending by-laws, are 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 same may be collected as if such by-law had not been
repealed.
18.5
Notwithstanding section 18.3, By-law number 57-2015 and its amending by-laws,
are deemed to continue in force and effect with respect to any enforcement
under Part I of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, as
well as the set fine schedule as approved by the Chief Justice, until such time as
the Chief Justice approves the set fine schedule as set out in section 18.2 above.
Where the provisions of By-law 32-2008, and their amending by-laws are
inconsistent with the provisions of this By-law, the provisions of this By-law shall
prevail.
18.6
This By-law may be known as the "Animal Control By-law".
Read a first and second time this 5th day of April 2022.
Read a third time and finally passed this S" da~22.
~~
Mayor, Glen McNeil
Page 12 of 17
By-Law 30-2022 - Animal Control
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The Corporation of the Township of Ashfield-Colborne-Wawanosh
SCHEDULE A of By-law 30-2022
Animal Control Prohibited Animals
Being a list of animals the keeping of which is prohibited within the Township of
Ashfield-Colborne-Wawanosh
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All marsupials (such as kangaroos and opossums)
All non - human primates (such as gorillas and monkeys)
All felis, except the domestic cat
All can is, except the domestic Dog
All viverrids (such as mongooses, civets and genets)
All musteiids (such as skunks, weasels, otters, badgers), except domestic
ferrets and minks
All ursidae (bears)
All artidoactylus ungulates, except domestic goats, sheep, pigs and cattle,
deer, elk, bison, llama, and alpaca
All procyonide (such as raccoons, coatis and cacomistiles)
All hyaenas
All perissodactylus ungulates, except domestic horses and donkeys
All elephants
All pinnipeds (such as seals, fur seals and walruses)
All snakes of the families Pythonidae and Boidae
All venomous reptiles
All ratite birds, except domestic ostriches, emu, and rheas
All diurnal and nocturnal raptors (such as eagles, hawks and owls)
All exarthrans (such as armadillos, sloths and anteaters)
All bats
All crocodilians (such as alligators and crocodiles)
All venomous arachnids (such as scorpions and tarantulas)
All insectivorous mammals (lnsectivora), including aardvark (Tubulidentata),
anteater, shrew, otter shrew, mole and hedgehog
All cetaceans (such as whales, dolphins and porpoises)
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Examples of animals of a particular prohibited group are given parentheses. They
are examples only and shall not be construed as limiting the generality of the group.
Page 13 of 17
By-Law 30-2022- Animal Control
The Corporation of the Township of Ashfield-Colborne-Wawanosh
SCHEDULE B of By-law 30-2022
Animal Control Exemptions
The provisions of this By-law do not apply to animals in the following circumstances:
(a)
Livestock;
(b)
zoo animals on the property of a zoo or animal display operated by or on
J,
behalf of the Township of Ashfield-Colborne-Wawanosh;
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(c)
(d)
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(h)
animals in a veterinary hospital under the care of a licensed veterinarian;
research animals on the property of a university or community college where
such animals are being kept for research, study or teaching purposes, or on
property registered as research facilities under the Animals for Research Act;
animals used or cared for by anyone holding a license or permit under any
statute of the Legislature of Ontario or the Government of Canada, which
permits the keeping of animals under stated conditions;
animals of any television studio where such animals are being kept
temporarily for the purpose of a television production;
transportation of animals between the places or circumstances listed herein;
circus animals used in travelling shows such as a circus or other like shows as
authorized by the Municipality.
Page 14 of 17
By-Law 30-2022 -Animal Control
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The Corporation of the Township of Ashfield-Colborne-Wawanosh
SCHEDULE C of By-law 30-2022
Animal Control Licensing and Fees
The Council of the Township of Ashfield-Colborne-Wawanosh establishes the following
fee schedule:
Vicious Dog (as described in Section 5)
Pit Bull (as described in Section 6)
Kennel Licence
Municipal Administration Fee (Section 9.5 (d))
$100.00
$100.00
$150.00
$50.00
Page 15 of 17
By-Law 30-2022 - Animal Control
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ITEM
1.
2.
3.
4.
5.
6.
7.
8.
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The Corporation of the Township of Ashfield-Colborne-Wawanosh
SCHEDULE D of By-law No. 30-2022 Animal Control
Under Part 1 of the Provincial Offences Act
(Column 1)
(Column 2)
(Column 3)
Short Form Wording
Provisions creating
Set Fine
or defining offence
Fail to affix Dog Identifier
3.1 (C)
$125.00
Keep prohibited number of animals
4.1
$125.00
Keep prohibited number of animals -
urban
4.2
$125.00
Keep prohibited number of animals -
4.3
$125.00
rural
Keep prohibited number of rats, mice,
4.4
$125.00
or rabbits
Fail to License Pit Bull
5.1
$200.00
Fail to maintain an insurance policy for
5.2
$125.00
Vicious Dog
Fail to provide Microchip information
5.4
$125.00
Fail to post beware of Dog signs
5.5
$125.00
Fail to enclose Vicious Dog
5.6
$125.00
Fail to lock Vicious Dog enclosure
5.7
$125.00
Fail to notify Vicious Dog at large
5.8
$125.00
Fail to leash Pit Bull
6.3
$125.00
Fail to Muzzle Pit Bull
6.3
$125.00
Fail to leash Vicious Dog
6.9
$125.00
Fail to Muzzle Vicious Dog
6.9
$125.00
Owner permit vicious dog to be walked
6.9
$125.00
by minor
Fail to License Kennel for current year
7.1
$125.00
Allow Dog to run at large
8.1
$125.00
Allow prohibited Animals to be at large
8.2
$200.00
Allow Dog to howl, whine or bark
causing noise, which may cause a
10.1
$125.00
disturbance
Fail to remove Dog excrement from
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$125.00
private or public land
Keeping a Prohibited Animal
12.1
$125.00
Keeping a Prohibited Animal - fail to
12.2
$125.00
comply with conditions
Note the general penalty provision for the offences listed above is section 16.3, of
By-Law 30-2022, a certified copy of which has been filed.
Page 16 of 17
By-Law 30-2022 - Animal Control
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The Corporation of the Township of Ashfield-Colborne-Wawanosh
SCHEDULE'E of By-law 30-2022:
Animal Control Letter of Request
1. Name:
Address:
Phone/ Email:
2. Property Description:
3. Type of Prohibited Animal:
4. Location : Where the Prohibited animal will be housed
5. Inspection: Inspection to determine if the housing facility is adequate:
a) Aquarium or Pen - that has a locking device (picture to be attached)
b) Adequate humidity
c) Adequate temperature
6. Picture of the Animal: Please attach a photograph.
7. Signatures:
Signature of Animal owner requesting the approval: _ _ ____ _ _
Date of request:
Signature of the Animal Control Officer:
Date of Inspection:
Signature of the Township Clerk:
Date of Approval:
Page 17 of 17
By-Law 30-2022 - Animal Control