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Consolidated
As amended by by-law 2018-01
THE CORPORATION OF THE TOWNSHIP OF CARLING
BY-LAW NO. 2004-4
Being a By-law for the Licencing and Control
of Dogs Within the Township of Carling
Whereas pursuant to Sections 11 (1) of the Municipal Act, S.O., 2001, c.25,
Council is authorized to pass by-laws for the regulating and prohibiting of
animals; and
Whereas pursuant to Section 103 of the Municipal Act, S.O., 2001, c.25, Council
is authorized to pass by-laws for the impounding of animals; and
Whereas pursuant to Section 105 of the Municipal Act, S.O., 2001, c.25, Council
is authorized to pass by-laws for the muzzling of dogs, and
Whereas pursuant to Section 128 of the Municipal Act, S.O., 2001, c.25, Council
is authorized to pass a by-law to prohibit and regulate a public nuisances; and
Whereas pursuant to section 129 of the Municipal Act, S.O., 2001, c.25, Council
is authorized to pass a by-law to prohibit and regulate noise; and
Whereas pursuant to section 391 (1) of the Municipal Act, S.O., 2001, c.25,
Council is authorized to impose fee and charges for services provided; and
Whereas pursuant to section 130 of the Municipal Act, S.O., 2001, c.25, Council
is authorized to pass a by-law to regulate matters for purposes related to the
health, safety and well-being of the inhabitants of the municipality; and
Whereas The Corporation of the Township of Carling wishes to regulate dogs
and noises from dogs within the Municipality:
Now Therefore the Council of the Corporation of the Township of Carling hereby
enacts as follows:
1.
DEFINITIONS
a)
"Animal Control Officer" means and includes the Ontario Society for
the Prevention of Cruelty to Animals or any agency which has
entered into a contract with the Corporation of the Township of
Carling to maintain a dog pound and any servants or agents of
such agency;
b)
"Corporation" means the Corporation of the Township of Carling;
c)
"Boarding Facility, Domestic Animal" means any building, structure,
run or facility, or part thereof used for the boarding (for hire) of
domestic animals, but does not include a veterinarian clinic;
d)
"Dog" means a male or female dog over the age of twelve weeks;
e)
"Impound" means to deliver to the Ontario Society for the
Prevention of Cruelty to Animals (S.P.C.A.);
f)
"Kennel, Commercial Breeding" means any kennel used for the
keeping of purebred dogs for the purpose of breeding the dogs for
sale;
g)
"Owner" of a dog means and includes any person who possesses,
harbours, or has care and control of a dog, and where the owner or
person who has care and control of a dog is a minor, the person
responsible for the custody of the minor, and "owns" or "owned"
have a corresponding meaning; "Pound" means premises that are
used for the detention, maintenance or disposal of dogs that have
been impounded pursuant to this by-law;
h)
"Peace Officer" means and includes the Municipal By-law
Enforcement Officer and any person so designated by Council to
administer and enforce this by-law;
i)
"Purebred" means any dog that is registered or eligible for
registration with an association incorporated under the Animal
Pedigree Act (Canada);
j)
"Running at Large" shall have the same meaning as in the
Municipal Act, R.S.O. 1990, c.M.45, Section 210 (13);
2.
LICENCE
a)
Every owner of a dog shall, on or before the 1st day of January in
each year, or upon becoming the owner of a dog after the first day
of January, register such dog with the Township and procure a
license and dog tag.
b)
Upon application for a licence, the owner shall 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
months of the date of application for the licence.
c)
Every dog tag shall bear a serial number and the year in which it
was issued and a record shall be kept with the Corporation,
showing the name and address of the owner and the serial number
of the tag.
d)
The owner shall ensure that the dog tag is securely fixed on the
dog at all times.
e)
Every license issued pursuant to this By-law shall expire on the
31st day of December in the year for which it was issued.
f)
The license fee payable to the Corporation at the time of issuing of
a license shall be in accordance with the Township's Fee Schedule
by-law.
g)
Notwithstanding the provisions of Section 6 of this By-law, the
owner of a kennel of pure bred dogs registered in the register of the
Canadian Kennel Club Incorporated, shall pay an annual license
fee in accordance with the Township's Fee Schedule by-law.
(h)
No owner or owners living at the same address shall keep more
than three (3) dogs over the age of three (3) months in any one
household located within Township of Carling.
i)
This section does not apply to:
a)
a legally established kennel, pound or shelter;
b)
an animal hospital owned and operated by a
Veterinarian licenced by the Ontario Veterinarian
Association;
c)
a pet store.
3.
RUNNING AT LARGE
a)
No owner of a dog shall allow the dog to run at large within the
limits of the Township of Carling.
b)
For the purposes 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 of the dog and not under the control of any person.
4.
SEIZE AND IMPOUND
a)
Subject to sub-section (d) of this Section, an Animal Control Officer
may:
i)
seize and impound any dog found running at large;
ii)
restore possession of the dog to the owner where:
a)
the owner claims possession of the dog within 3 days
(exclusive of statutory holidays and Sundays) after
the date of seizure; and
b)
the owner pays to the Animal Control Officer a pound
fee in accordance with the fee schedule of the
Ontario Society for the Prevention of Cruelty to
Animals (S.P.C.A.)
b)
any female dog found to be running a large in heat, shall be held at
the pound until no longer in heat, but in any case no longer than 21
days.
c)
if a dog is impounded, the owner, if known, and whether the dog is
claimed from the pound or not, shall be liable for the pound and
maintenance fees prescribed and shall pay all fees on demand to
the Animal Control Officer.
d)
Where, at the end of 3 days, possession of the dog has not been
restored to the owner of the dog, the Animal Control Officer may
sell the dog for such price as he deems reasonable.
e)
Where the owner of a dog has not claimed the dog within 3 days
after it is impounded and the dog has not been sold, the Animal
Control Officer may kill the dog in a humane manner or otherwise
dispose of the dog as he deems fit and no damages or
compensation shall be recovered on account of its disposal from
the Animal Control Officer or the municipality;
f)
Where a dog seized is injured or should be destroyed without delay
for humane reasons or the safety of persons or animals, the Animal
Control Officer may kill the dog in a humane manner as soon after
seizure as he deems fit without letting any person reclaim the dog
or without offering it for sale and no damages or compensation
shall be recovered by the owner from the Animal Control Officer or
the municipality.
5.
PERSISTENT NOISEMAKING
a)
No owner of a dog shall permit such a dog to engage in persistent
barking, calling or whining or other similar persistent noisemaking,
such that the sound is clearly audible at any point on the premises
of a person, other than the premises where the sound originates.
6.
MUZZLING AND LEASHING OF DOGS
a)
Where a dog has bitten a person or domestic animal, the By-law
Enforcement Officer, at their discretion, may Order the dog to be
muzzled or leashed or both, for a period of time to be determined
by the By-law Enforcement Officer.
b)
Should the owner of the dog disagree with the Order to muzzle
and/or leash, he or she may appeal the decision to the Township of
Carling Council.
c)
Upon receipt of notification of an appeal, the Township of Carling
Council shall, as soon as practicable, conduct a hearing and shall
hear evidence presented by both the By-law Enforcement Officer
and the owner of the dog, it being understood that in the interim
between the date of the Order to muzzle and/or leash and the date
of the hearing of the appeal, the owner shall comply with the Order
and the dog shall remain muzzled and/or leashed.
d)
At such time as the Township of Carling Council makes its decision
to confirm, modify or quash the Order, the decision shall be
considered to be final and binding and the owner of the dog shall
comply therewith.
7.
CONTRAVENTIONS
a)
Any person who contravenes any provisions of this By-law is guilty
of an offence and upon conviction is liable to a maximum fine of
$5,000.00 for each offence committed, exclusive of costs, as
established in the Provincial Offences Act.
8.
SEVERABILITY/VALIDITY
If any section or sections of this by-law or parts thereof are found by a
Court of law to be illegal or beyond the powers of Council to enact, such
section or sections or parts thereof shall be deemed to be severable and
all other sections or parts of this by-law shall be deemed to be separate
and independent therefrom and to be enacted as such.
9.
REPEALS
a)
By-law No. 97-5 and By-law 2001-15 are hereby repealed.
10.
EFFECTIVE DATE
a)
This By-law shall come into force and take effect upon approval of
the short form wording.
READ a FIRST and SECOND time in Council this 2nd day of February, 2004.
____________________________
_____________________________
Mike Konoval, Reeve
Susan Murphy, Clerk-Administrator
READ a THIRD and FINAL time and passed in Council this 2nd day of February,
2004.
____________________________
_____________________________
Mike Konoval, Reeve
Susan Murphy, Clerk-Administrator