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THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
Being a By-Law to provide for the regulating, restricting, licencing, prohibiting
dogs running at large and for providing kennel operational guidelines for control
of all dogs in the Township of Asphodel-Norwood
WHEREAS Section 103 of The Municipal Act, S.O. 2001, c. 25, as amended, provides
municipalities with the authority for regulating or prohibiting with respect to the being at
large or trespassing of animals it may provide for, and
WHEREAS Section 103(1)(a) provides for the seizure and impounding of animals being
at large or trespassing contrary to the By-law; and
WHEREAS Section 103(c) provides for the establishment of procedures for the voluntary
payment of penalties out of court where it is alleged that the by-law respecting animals
being at large or trespassing has been contravened. 2001,c.25 103(1); and
WHEREAS Section 103 (2) provides that if payment is not made in accordance with the
procedures established under clause (1) (c), the fine is recoverable under the Provincial
Offences Act. 2001, C25, s.103 (2); and
WHEREAS Section 9 of The Municipal Act, S.O. 2001, c. 25, as amended, confers broad
authority on municipalities to enable them to govern their affairs as they consider
appropriate, and to enhance their ability to respond to municipal issues; and
WHEREAS the Council of The Corporation of The Township of Asphodel-Norwood
deems it advisable to do so.
NOW THEREFORE the Council of The Corporation of the Township of Asphodel-
Norwood hereby enacts as follows:
1.
DEFINITIONS
In this By-law:
a)
"Bona Fide Farming Operation" shall mean a property which is currently
actively engaged in a farm operation who holds a valid Farm Business
Registration number with Agricorp.
b)
"Clerk" shall mean the Clerk of the Corporation of the Township of
Asphodel-Norwood.
c)
"Council" shall mean the Council of the Corporation of the Township of
Asphodel-Norwood.
d)
"Dog" shall mean a male or female dog whether neutered/spayed or
intact.
e)
"Dog Control Officer" shall mean a person or association appointed by
the Township of Asphodel-Norwood to enforce the provisions of this By-
Law as a Dog Control/Provincial Offences Officer.
f)
"Dwelling Unit" shall mean one or more habitable rooms designed or
intended for use by an individual or individuals as an independent and
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
separate housekeeping establishment in which separate kitchen and
sanitary facilities are provided for the exclusive use of such individual or
individuals, with a private entrance from outside the building or from a
common hallway or stairway inside the building. But does not mean or
include a tent, cabin, trailer, mobile home or a room or suite of rooms in
a boarding house, hotel, motel, motor hotel or tourist home.
g)
"Herding Dog" shall mean 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.
h)
"Kennel" shall mean any part of a lot, building structure or establishment
located in an area where a kennel is a permitted use under the Zoning
By-Law where dogs are kept, bred, boarded or trained for profit or gain
for the purposes of breeding, boarding or for commercial purposes.
i)
"Kennel Run" shall mean a fenced area provided for the use of dogs
housed in a kennel.
j)
"Kennel Sound Barrier" shall mean a solid barrier intended to contain or
otherwise diminish sound by dogs housed in a kennel and as specified
in greater detail within this By-law.
k)
"Leash" shall mean a strap, cord or chain which is fastened to the dog or
to the collar of the dog.
l)
"Licence agent" shall mean a person(s) appointed by Council as licence
agent(s) including Municipal Clerk, Dog Control Officer, Municipal
Administration/Finance personnel, Chief Building Official, By-Law
Enforcement Officer and Dog Tag Sellers.
m)
"Livestock Guardian Dogs" shall be defined as a dog that works and/or
lives with domestic farm animals, in a bona fide farming operation, to
protect them while repelling predators and is used exclusively for that
purpose.
n)
"Municipality" shall mean the Township of Asphodel-Norwood.
o)
"Owner" includes a person, who keeps, possesses or harbors a dog and
where the owner is a minor the person responsible for the custody of the
minor.
p)
"Person" includes any physical or corporate entity, partnership or any
association and heirs, executors, administrator, successors and assigns
or other legal representative thereof to whom the context may apply.
q)
"Pound" shall mean premises, regulated under the Animals for Research
Act, that are used for the confinement, maintenance or disposal of
animals that have to be impounded pursuant to this by-law.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
r)
"Pound keeper" shall mean a person appointed by Council to act in the
capacity of Pound keeper.
s)
"Premises" includes the entire lot on which a building is situated.
t)
"Running at large" shall mean to be found in any place other than the
premises of the owner of the dog and not under the control of any
person.
u)
"Service Dog" shall mean a dog trained and actively used to assist a
person who is disabled.
v)
"Under the Control of its Owner" shall mean, in the case of a dog, being
kept on a leash or being physically restrained by some other effective
method by its owner or by any other person acting on the owner's
behalf.
w)
"Township Property" shall mean all property owned, leased or under the
control of the Township of Asphodel-Norwood, and without limitation,
this term shall include all, open space, opened or unopened road
allowances, sidewalks, footpaths or bicycle trails.
x)
"Lifetime dog tag" shall mean the physical tag issued upon payment of
licencing fees which shall be affixed as per section 4.5 and bear the
serial number and words "Township of Asphodel-Norwood". Once a tag
has been issued it is not required to be replaced annually unless lost or
stolen. The term lifetime relates only to the manufacturers statement of
durability of the material(s) used to construct the tag. All lost or stolen
tags are required to be replaced as per section Section 4.6 herein.
2.
EXEMPTIONS
2.1
Animal hospital - clinic - kennel-registered
This by-law shall not apply to an animal hospital, clinic, or kennel lawfully
operated and supervised by a veterinarian who is a registered member of
the Ontario Veterinary Association.
2.2
Pound
This by-law shall not apply to a pound or other such premises or facilities
designated as an animal shelter.
2.3
Service Dog(s)
This by-law shall not apply to service dogs including police service dogs.
2.4
Livestock Guardian Dog(s) and Herding Dog(s)
a) This by-law shall exempt livestock guardian and herding dog(s) from
annual licensing fees.
b) This by-law shall exempt livestock guardian and herding dog(s) from
being actively used in farming practices from the requirement for dogs to
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
wear a collar and tag, provided that the owner uses an alternative means of
identification.
c) This by-law shall allow persons to keep more than three dogs at a
premise without obtaining a kennel license, providing they meet certain
agricultural criteria such as keeping livestock, agricultural or rural land
zoning, and that the dogs of livestock guardian dogs and/or herding dogs.
d) This by-law shall exempt livestock guardian dog(s) and herding dog(s)
from barking restrictions if actively engaged in guarding livestock against
predators.
3.
KEEPING OF DOGS
3.1
Maximum - Three (3) per premises
No person shall keep more than three (3) licenced dogs within those areas
of the Municipality zoned Residential.
3.2
Dogs-at-large shall not apply in cases where Livestock Guardian Dogs that
are used as a working farm assistant, are being used in their vocation on
public property and are under the control of a herdsmen.
3.3
Kennels- registered - number of dogs
Section 3.1 does not apply to the number of dogs that may be kept in a
kennel under a kennel licence issued by the Municipality under Section 8 of
this by-law.
3.4
Stoop and Scoop
The owner of a dog is required to remove immediately and dispose of in a
sanitary manner any and/or all excrement left by the said dog anywhere in
the municipality.
3.5
Trespassing - without consent -by dog - prohibited
No person shall permit a dog to enter upon the private property of another
person or remain on the private property of another person without the
property owner's consent.
3.6 Running at large - prohibited
a) No owner of a dog shall permit a dog to run at large or fail to prohibit the
dog from running at large;
b) Any dog running at large may be seized and impounded, and may be
sold or destroyed by the pound keeper;
c) For the purpose of this by-law, a dog shall be deemed to be running at
large when found in any place other than the premises of the owner and
not under the control of any person;
4.
LICENCING
4.1
Licencing
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
Every person who owns a dog or dogs within the Township shall obtain a
licence for each dog owned and shall pay the licence fee for each dog as
prescribed in Schedule "A".
4.2
Registration - information - requirements
The licencing agent shall keep a record showing the following dog licence
registration information:
a)
name and address of dog owner;
b)
serial number of dog tag;
c)
date of registration;
d)
description of dog;
e)
amount of fee paid upon registration;
f)
description of dog including breed, spayed/neutered, age,
markings, disposition and name
4.3
Expiry - annual - December 31st
Every licence issued by the Township shall expire on the 31st day of
December of the year for which it is issued and shall be renewable yearly.
4.4
Tag - serial number - issued - upon payment of fee
Upon payment of the applicable fee, the owner shall be furnished with a
lifetime dog tag bearing the serial number and the words 'Township of
Asphodel-Norwood' inscribed.
4.5
Tag affixed - securely - to dog - at all times
The tag shall be fixed securely - to dog - at all times. No owner shall permit
a dog to wear a tag other than the one issued for the dog and the tag shall
be fixed securely on the dog for which it was issued at all times until such
time as the tag is renewed or replaced.
4.6
Tag - replacement - where lost
Where a tag has been lost, a request shall be made to the licencing agent
for a replacement tag providing sufficient proof that the dog possessed a
licence for the current year and paying to the Licencing Agent the sum as
prescribed in the Township of Asphodel-Norwood Fees and Charges By-
Law.
4.7
No person shall use a tag upon a dog other than the one for which it was
issued.
4.8
Service Dogs - Service dogs including police service dogs are exempt from
the applicable fees and licencing requirements associated with dog tags
pursuant to this by-law.
5. FEES
5.1
Fees
Licence fees shall be set by the Council from time to time.
5.2 Pound fees - payment - proof of ownership - required
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
Where a dog is claimed from the Pound keeper, the owner shall provide proof
of ownership of the dog, as well as proof of payment for a current dog licence,
and compensate the Pound keeper for fees and penalties incurred.
6.
REQUIREMENTS FOR A LICENCE
6.1
Every person who owns a dog over six (6) months old, which is kept in the
Township of Asphodel-Norwood, shall obtain a licence for such dog from the
Township and shall pay to Municipality the licence fee for such dog as
prescribed in the Township of Asphodel-Norwood Fees and Charges By-Law.
6.2
All licences, tags and kennel licences under this by-law shall expire on the
31st day of December in each year and the owner must renew the licence(s).
Renewed licences will be offered at a reduced rate from January 1st to April
30th for the following year.
6.3
Every person who owns a kennel within the Municipality, in which the dog or
dogs are kept that are purebred shall pay an annual licence fee as prescribed
in the Township of Asphodel-Norwood Fees and Charges By-Law.
6.4
The requirement to obtain a licence as prescribed in Section 6.1 and 6.2 shall
occur when the person:
a)
becomes the owner of the dog, or kennel, as the case may be and the
same is kept within the Municipality; or
b)
when the dog is possessed or harbored in the Municipality for a period
of time which is sufficient to demonstrate that the person who has care
and control of the dog can be deemed to be the owner thereof.
7.
SEIZURE AND IMPOUNDING OF DOG(S)
7.1
The Dog Control Officer/Provincial Offences Officer may:
a) seize and impound any dog(s) found running at large within the
Municipality;
b) In his/her discretion, restore possession of the dog to the owner thereof.
Expenses incurred in the seizing and impounding the dog an notification
to the owner plus any other additional expenses involved therewith shall
be billed to the owner;
c) Where in the opinion of the Dog Control Officer/Provincial Offences
Officer, a dog seized, is injured or should be destroyed without delay for
humane reasons, or for reasons of safety to persons, the Dog Control
Officer/Provincial Offences Officer may destroy the dog(s) as soon after
the seizure as he/she thinks fit without permitting any person to reclaim
the dog(s);
d) Where the Dog Control Officer/Provincial Offences Officer finds a dog(s)
running at large contrary to the provision of this By-law and he/she
believes that before he/she can seize the dog(s) it may attack a human
being or other animal, he/she may destroy the dog(s).
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
e) No damage or compensation shall be recoverable by the owner of the
dog(s) on account, or as a result of the actions of the Dog Control
Officer/Provincial Offences Officer;
f) Any dog, not so released shall be destroyed or otherwise disposed of five
(5) days after the notice of seizure has been given to the owner of the said
dog. The owner shall be liable for all costs incurred by the Township in
this matter. If, after making every reasonable effort, the Dog Control
Officer/Provincial Offences Officer is unable to establish the identity of the
owner, the dog shall become the property of the Northumberland Humane
Society.
7.2
Any dog found running at large pursuant to Section 3.6 may be seized,
impounded and euthanized, whether before or after impounding by any Police
Officer, or appointed Dog Control Officer/Provincial Offences Officer within
the Corporation without permitting any person to claim damages or
compensation from the Corporation on account of its euthanizing or other
disposition.
7.3
Any dog, so impounded pursuant to section 7.1 may be kept at the
Northumberland Humane Society, or alternate Animal Shelter as authorized
by the Municipality, a secure place and a fee charged to the owner prior to
the release of the dog, for all costs of the distrainer.
7.4
If the Dog Control Officer/Provincial Offences Officer suspects a dog may be
rabid he/she must notify the Peterborough County-City Health Unit and either:
a)
quarantine the dog, or
b)
destroy the dog in such a manner as to preserve the brain for
examination
7.5
If the Dog Control Officer/Provincial Offences Officer has knowledge of a dog
biting/breaking the skin of a person he/she must notify the Peterborough
County-City Health Unit and either
a) quarantine the dog, or
b) destroy the dog in such a manner as to preserve the brain for
examination.
8.
KENNELS
Kennel Licencing:
8.1
Any person or persons who keep more than three (3) dogs, which are aged
over six (6) months, at one location, must obtain a kennel licence.
8.2 Every owner of a kennel shall pay to the Municipality a kennel licence fee
for each year or any portion thereof as may be established annually.
8.3 Every licence shall expire on December 31st of each year.
8.4 a)
Kennels licenced under former Township of Asphodel-Norwood By-
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
laws shall not be affected by Clause 8.5 and may continue operating
as a legal-non conforming provided all other requirements of this by-
law are met;
b)
Kennels will be inspected by the Dog Control Officer, the Licencing
Agent and/or Chief Building Official on a yearly basis prior to
authorizing the annual licence.
8.5
No kennel may be established except where it is permitted under the
applicable Zoning By-law as amended from time-to-time. The minimum lot
area required for the operation of a kennel shall be 14.8 acres (6 hectares).
8.6 The "kennel licence" issued pursuant to Section 8.2 shall provide the
number and breed of all dog(s) housed in the kennel.
8.7
Every person who holds a kennel licence or operates boarding facilities for
animals shall comply with the following requirements:
a)
the licence shall be exposed at all times in a conspicuous place in
the interior of the premises;
b)
the premises shall be maintained in a sanitary, well ventilated, clean
condition and free from offensive odours;
c)
the animals shall be kept in a sanitary, well bedded, well ventilated,
natural lighted clean quarters, and a healthful temperature shall be
maintained at all times;
d)
the animals shall be adequately fed and watered and kept in a clean,
healthy condition, free from vermin and disease.
Special Provisions for Kennels:
8.8
No kennel shall be located closer than 1,000 feet (304.8 metres) from a
recreational park, recreational area, school, day care or community centre.
8.9
No kennel licence will be issued until the subject kennel has been
constructed, and upon completion of construction inspected and approved by
the Chief Building Official and/or Dog Control Officer.
8.10 The following standards shall govern the construction of kennel buildings,
kennel runs and kennel sound barriers:
8.11 Kennel Buildings:
a)
Buildings must be constructed from durable materials.
b)
Floors and walls must be protected from deterioration by impervious
and durable materials and suitable floor drains or troughing to permit
washing down of the facility.
c)
A minimum of nine (9) square feet (0.84 square meters) of building
floor space for each dog shall be required.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
d)
All doors and gates on buildings shall be self-closing and shall be
installed with locking devices.
8.12 Kennel Runs:
a)
Floors should consist of poured concrete or other suitable material
which shall be sloped to allow free drainage to the exterior of the
kennel run.
b)
Walls shall consist of suitable materials or chain link fencing properly
secured in place.
c)
The walls should be a minimum of six (6) feet (1.8 metres) in height.
d)
Kennel runs with walls which are less than six (6) feet (1.8 metres)
shall be enclosed with a roof or chain link fencing which is properly
secured in place.
e)
All doors and gates on buildings shall be self-closing and shall have
locking devices installed.
8.13 Kennel Sound Barriers:
a)
Where required, (as deemed by the Chief Building Official, Licence
Agent and/or Dog Control Officer for the Municipality) sound barriers
shall be constructed for the purposes of controlling unwanted noise
emitted from the kennel, and such barriers shall be constructed to the
satisfaction of the Chief Building Official, Licence Agent and/or Dog
Control Officer responsible for the enforcement of this by-law.
b)
The sound barriers shall consist of solid wood fencing of a minimum
of six (6) feet (1.8 metres) in height.
8.14 The licenced kennel owner shall keep all kennel buildings, kennel runs,
and kennel sound barriers in good repair at all times.
8.15 Dog Control Officer may inspect a licenced kennel operation annually
or as required to determine compliance to the by-law requirements and
to inspect the health condition of the dogs.
9.
OFFENCE
9.1
Every person who contravenes any of the provisions of this by-law is guilty of
an offence and shall upon conviction thereof, forfeit and pay a penalty of not
more than five thousand dollars ($5,000.00) exclusive of costs and every
such fine is recoverable under the Provincial Offences Act.
9.2
Set fines attached as Schedule "A" to this By-Law for the licencing and
requiring of registration of dogs and for the prohibiting and regulating the
running at large of dogs in the Township.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
9.3
If this By-law is contravened and a conviction entered, the court in which the
conviction was entered or any court of competent jurisdiction may, in addition
to any other remedy and to any penalty that is imposed, make an Order
prohibiting the continuation or repetition of the offence by the person
convicted.
10.
RECORDS
10.1 Any notice given to the owner of a dog pursuant to the provisions of this by-
law may be in writing and may be delivered to the said owner or to an adult
person at the owner's place of residence, or may be sent to him/her by first
class mail. The seven (7) days notice specified in Section 7.1 (f) shall be
computed not including the date of delivery or mailing;
10.2 The Dog Control Officer/Provincial Offences Officer may keep a written
record containing a brief description of any dog seized by him/her setting out
the date, time and location of such a seizure and the date of giving notice to
the owner.
10.3 Any person authorized by this by-law to receive payment from an owner
shall give to the person making the payment a receipt provided for the
purpose and from time to time all sums so received shall be paid to the
Municipality.
11.
REPEAL OF PREVIOUS BY-LAWS
That By-law 2017-47 is hereby repealed.
12.
SEVERABILITY OF PROVISIONS
If any section(s) of this By-Law, or parts thereof are found by any court of law
to be illegal or beyond the power of the Council to enact, such section or
sections or parts thereof shall be deemed to be severable and all other
sections or parts thereof of this By-Law shall be deemed to be separate and
independent there from and to be enacted as such.
13.
This By-Law comes into force and effect on the date of its passage.
Read a first, second, and third time and finally passed this 8th day of November,
2022.
____________________
Mayor, Rodger Bonneau
____________________
Clerk, Candice White
<Original signed by>
<Original signed by>
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
Schedule "A"
Township of Asphodel-Norwood
TOWNSHIP OF ASPHODEL-NORWOOD BY-LAW NO. 2022-48
SCHEDULE "A"
SET FINES
A By-Law for the licencing and requiring the registration of dogs and for the prohibiting and
regulating the running at large of dogs
Part 1 Provincial Offences Act
ITEM
Short Form Wording
Offence creating
provision or
defining Offence
Set Fine
(including costs)
1
Keep dogs in a
kennel without
having paid licence
fee
Section 2(2)
$150.00
2
Fail to affix tag to
dog
Section 3 (2)
$75.00
3
Fail to post kennel
licence
Section 3(4)
$75.00
4
Permit dog to run at
large
Section 5(1)
$180.00
5
Keep more than
three dogs -
residential
Section 6 (1)
$75.00
Note: The penalty provision for the offences indicated above is Section 61 of the Provincial Offences
Act, R.S.O. 1990, c. P.33
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
Schedule "B"
Township of Asphodel-Norwood
Kennel Licence Requirements
(In accordance with By-Law 2022-48)
1.
The Township's Dog Control Officer will inspect the Kennel to ensure 'kennel'
facilities or enclosures for the purpose of breeding or housing dogs, as may be
defined in the Municipal Zoning By-Law and in accordance with By-Law 2022-48.
2.
Application to be completed by the person requesting the Kennel Licence and
reviewed by Municipal staff and/or Dog Control Officer.
3.
Fees for each Kennel Licence are shown in the Township of Asphodel-Norwood
Fees and Charges By-Law.
4.
Kennel Licence must be posted.
5.
Within those areas of the Township zoned Residential, the number of dogs
requiring a licence that a person may keep is restricted three (3) as per 2022-48
6.
New Kennels shall comply with the current Municipal Zoning By-Law.
THE CORPORATION OF THE
TOWNSHIP OF ASPHODEL-NORWOOD
BY-LAW NUMBER 2022-48
Schedule "B" con't
Township of Asphodel-Norwood
Application for a Kennel Licence
I/We make application for a KENNEL licence for the Year 20_____ and enclose the sum
as required in accordance with the Township of Asphodel-Norwood Fees and Charges By-
Law.
Name of Operator/Business: ___________________________________
Address of Applicant: ____________________________________
_____________________________________
Location of Business:
911 Address ______________________
Lot: ______ Concession: ____
Type of operations to be carried out:
KENNEL
Fire protection facilities (if applicable): _____________________________
Previous year's licence number (if applicable):_______________________
Has any licence been revoked or refused at any time?: Yes No
Note: IF A PARTNERSHIP, ALL PARTNERS MUST SIGN APPLICATION
Signature(s):____________________ Print: _____________________________
Print:
______
Address:
______________________________________________________
Phone:
_____________________email: ____________________________
--------------------------------------------------------------------------------------------------------------
Office Use Only:
Paid: Cash/Cheque/Debit Receipt #_______ Licence #______________ Staff Initial: ______
Comments: ____________________________________________________________________
Inspection completed by Dog Control Officer ________ Date:__________________________
Inspection completed by Chief Building Official ___________ Date: _____________________
Inspection completed by Licencing Agent ______________ Date: _______________________