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Dog-Control.pdf"
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- gx-001454
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---
The Corporationof
the Municipality1
CentTal Elgin
BY- LAW 1139
Being a By- law to Prohibit the Running at Large of Dogs;
For Imposing a Fee on the Owners of Dogs;
For Regulating the Disposal of Dogs Running at Large;
and For Other Matters relating to Dogs
WHEREAS
the Municipal Act 2001, as amended, including sections 11( 3), 103( 1), and
105, provide that a municipality may pass by- laws respecting animals, including
regulating and prohibiting with respect to the being at large, trespassing
of animals and
muzzling
and;
WHEREAS
related provisions exist under the Dog Owner' s Liability Act, R. S. O. 1990,
Chapter D. 16, the Pounds Act, R. S. O. 1990, Chapter P. 17 and the Animals for
Research Act, R. S. O. 1990, Chapters A. 22; and
WHEREAS the Council of the Corporation of the Municipality of Central Elgin deems it
desirable to prohibit the running at large of dogs in the Municipality, to provide for the
seizing, impounding and destroying of dogs found running at large as hereinafter set
forth, and to provide for the licencing and regulating of the owners of dogs and dog
kennels in the Municipality within the meaning of the Municipal Act, 2001, as amended.
NOW THEREFORE, the Council of The Corporation
of the Municipality
of Central Elgin
enacts as follows:
Definitions
In this by- law,"
1. 1
Animal Control Officer - shall mean a person appointed
by the
Council of the Municipality to enforce this By- law as a Municipal
Law Enforcement Officer or Provincial Offences Officer.
1. 2
At Large -- a dog shall be 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.
1. 3
Dog -- shall mean any member of the species " canis familiaris".
1. 4
Exposed to Rabies -- shall mean that an animal has been exposed
to rabies, within the meaning of this By- law, if it has been bitten by
any animal know to have been infected with rabies.
1. 5
Guide Dog -- shall mean a dog that is trained to guide the blind
and/ or deaf and is actively in use for such purpose.
1. 6
Dog Kennel -- shall mean an establishment which is licensed by the
Municipality under the provision of this By- law for the breeding or
boarding of more than four (4) dogs whether or not for profit or gain, but
shall not apply to the keeping of animals in a veterinary establishment for
the purpose of observation and/ or recovery necessary to veterinary
treatment.
1. 7
Municipality -- shall mean The Corporation of the Municipality
of
Central Elgin
1. 8
Owner -- shall mean any person, group of persons, partnership
or
corporation
who possesses
or harbours dogs; and " owns" or
owned", shall have a corresponding
meaning, and shall include a
person or persons who are temporarily the keeper of dogs and
where the owner is a minor, the person responsible for the custody
of the minor.
1. 9
Person -- shall mean any individual, partnership, corporation,
business entity, or club to whom the context can apply.
1. 10
Police Work Dog -- shall mean a dog trained to aid Law
Enforcement
Officers and which dog is actually being used for
Police work purposes.
1. 11
Pound -- shall mean such premises and facilities under the authority
of the Pounds Act designated by the Municipality for the purposes
of impounding
and caring for animals impounded
by the
Municipality
in violation of this By- law.
1. 12
Pound Keeper -- shall mean the person appointed by the
Municipality to maintain and administer the pound.
1. 13
Pure -Bred shall mean a dog registered or eligible for registration
with an association incorporated under the "Animal Pedigree Act".
1. 14
Restraint -- shall mean a dog is under restraint within the meaning
of this By-law if it is on the owner's property, out on a leash, or at
heel" beside
a person and is obedient to the person' s command.
2.
DOGS RUNNING AT LARGE:
2. 1
No person shall suffer, allow or permit any dog of which he or she
is the owner to run at large within the limits of the Municipality.
2. 2
A dog shall not be considered " Running at Large" if it is:
a Guide Dog
a Police Work Dog
provided it is actively engaged
in the performance
of its trained
duties
2. 3
An Animal Control Officer or Police Constable may seize a dog
running at large and shall, subject to the provisions of this By- law,
deliver the dog to the pound.
2.4
An Animal Control Officer may enter upon any public property, or upon
any private property with the consent of the owner or tenant, for the
purpose of seizing any dog running at large.
3.
IMPOUNDMENT
3. 1
It shall be the duty of the Animal Control Officer to capture a dog
found running at large and return it to the owner' s habitual
residence if known, or to impound same, when practical, where it
can be confined subject to the right of the owner to redeem the dog
within the redemption period as set out in Section 3.7 of this By- law
by paying to the Municipality the applicable poundage fees.
3.2
In the event an impounded dog is not redeemed by the owner within the
redemption period, the dog shall become the property of the Municipality,
which may sell it or otherwise dispose of it as deemed appropriate. When
not practical to impound, dogs running at large may be destroyed whether
before or after impoundment and in either event aforesaid, no damages
or compensation shall be recovered on account of the dog being
destroyed or its other disposition.
3. 3
The owner of every dog impounded, whether or not the dog is
claimed by the owner from the pound, is liable for the payment of
any pound fee, boarding fee, and any applicable euthanasia and
disposal fees.
2
3.4
In the event that an impounded
dog has not been redeemed within the
redemption period and the dog has become the property of the
Municipality, the Animal Control Officer may order the dog destroyed or
otherwise place the dog, if suitable, as a pet with a new owner or
organization such as the Ontario Society for the Prevention
of Cruelty to
Animals ( O. S. P. C.A.) or Humane Society and attach such conditions of
placement as the Municipality may prescribe.
3.5
When, in the judgement of the Municipality, its agents or servants, a dog
should be destroyed for humane reasons, such dog may not be
redeemed.
3. 6
Where it is alleged that a dog has bitten any person or domestic animal,
such dog may be impounded
and held by the Pound until proceedings
under the Dog Owner's Liability Act, R. S. O. 1990, Chapter D. 16 have
been complied with, provided that no such dog shall be so impounded
or
held for a period in excess of 21 days unless otherwise ordered by a
Court of competent jurisdiction.
3. 7
The minimum redemption period shall be three days, excluding the
day on which the dog was impounded
and holidays shall be
included in calculating any redemption period.
4.
MUZZLING
OR LEASHING
OF DOGS
4. 1
Where a dog has been declared as a dangerous or potentially dangerous
dog, the provisions of By- law 465, including any and all provisions relating
to enforcement, continue to apply to such dog.
5.
LICENSES AND DOG TAGS
5. 1
Subject to Section 5.3, every person residing temporarily or permanently
within the limits of the Municipality
and being the owner of a dog shall, on
or before the 15th day of January in each and every calendar year, cause
such dog to be registered with the Municipality and shall procure a license
and tag therefor, which shall expire on the 31St day of December in each
calendar year in which the license is issued.
5.2
Every owner of a dog shall keep the tag securely fixed on the dog
at all times until the tag is renewed or replaced, but the tag may be
removed while the dog is lawfully used for hunting.
5. 3
Every person residing temporarily or permanently within the limits of the
Municipality and being the owner of a dog shall, within 15 days after
becoming the owner of such dog, cause the dog to be registered with the
Municipality and
rocure a license and tag therefor, which license shall
expire on the 315 day of December in the calendar year in which the
license was issued.
5. 4
The tag referred to in Sections 5. 1 and 5. 3 above shall bear a serial
number and the year in which it was issued and record shall be kept by
the Clerk or other Officer designated for that purpose showing the name
and address of the owner and the serial number of the tag.
5.5.
No licence issued under this by-law is transferable.
6.
LICENCE
FEES
6. 1
An annual dog licence fee is hereby authorized and imposed and shall be
collected by the Municipality from the owner of every dog or the owner of
a dog kennel in the Municipality.
6. 2
Licence fees shall be set by by-law and enacted by Council from time to
time.
7.
KENNELS
7. 1
Every owner of a dog kennel shall apply for and pay an annual licence
fee as set by the Municipality.
7. 2
The owner of a dog kennel that is registered or eligible for registration
with an association incorporated under the Animal Pedigree Act (Canada)
shall pay an annual licence fee fixed by the municipality for the dog
kennel instead of a licence fee for each dog housed within the dog
kennel.
7. 3
Any dog kennel located within the Municipality
of Central Elgin must
conform to the provisions of the Municipality' s comprehensive Zoning By-
law and no dog kennel, run, pen or exercise yards shall be erected
contrary to the provisions of that By -Law.
7. 4
An application for a dog kennel licence or renewal shall be submitted
in
the proper form, including a detailed site plan and the appropriate
fee payable to the Municipality.
7. 5
Any applications for a new dog kennel shall be subject to circulation and a
public meeting for a decision by Council as to whether or not a dog
kennel licence shall be granted.
Notice of the aforementioned
public
meeting shall be circulated to all property owners within 120 metres of the
new dog kennel property. Council may, by resolution, delegate the
holding of the aforesaid public meeting to a committee of Council and the
provisions of Section 224 of the Municipal Act shall apply.
7. 6
The Municipality
may require the owner of a dog kennel to erect and
install a proper fence, to a height acceptable to the municipality, around
every pen, run or exercise yard.
7. 7
No person shall operate a dog kennel except in accordance with the
terms and conditions of the kennel licence issued by the
Municipality.
7. 8
Notwithstanding
the provisions of this By -Law, the Municipality
may, in its absolute discretion, limit the number of dogs which may
be kept in the dog kennel as a condition of the licence.
7. 9
After having given notice in writing to the owner and/ or operator of such
dog kennel, the Municipality may, at any time, cancel a Dog Kennel
License when it is Council' s determination
that the continued
operation
of
the dog kennel is not in the best interest of the Municipality. Grounds for
cancellation
of a Dog Kennel License include but are not limited to
unresolved noise complaints, sanitation, care of dogs as established by
the Pound Act, or uses other than that permitted by the Dog Kennel
License.
7. 10
The written notice described
in Section 7. 9, above, shall be delivered
in
person or mailed by prepaid registered mail to the licenced owner of the
dog kennel. In the case of where the dog kennel owner does not own the
property on which the dog kennel is located, said notice shall be given to
both the licenced dog kennel owner and the property owner.
7. 11
In the event a Dog Kennel License has been cancelled, the owner of such
dog kennel may appeal the cancellation to a designated Committee of
Council, such appeal hearing to be held in public.
7. 12
No person shall operate or continue to operate a dog kennel without a
valid dog kennel license.
7. 13
All dog kennel licences shall be valid for the calendar year in which such
licence was issued, at all times expiring the 31" day of December of such
calendar year.
15!
7. 14
In the event that there is a change in ownership of the lands upon which a
licensed dog kennel is operated, the dog kennel license then in effect will
remain in effect until expiry on December 31bt of that calendar year,
subject to cancellation
in accordance
with Section 7. 9 above.
8.
DOG WASTE
8. 1
Every person who owns, harbours, possesses or is in control of any dog
within the Municipality shall remove forthwith and dispose of any
excrement left by said dog on any public or private property in the
Municipality other than the lands of the owner of the dog.
MISCELLANEOUS
MATTERS
9. 1
Subject to the provisions of this By -Law, no owner or occupier of a
premises as defined in the Occupier' s Liability Act, 1990, R. S. O., c.O. 2
and within the Municipality, shall keep more than three ( 3) dogs on said
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:
9. 1. 1
an animal hospital owned and operated by a veterinarian
licenced by the Ontario Veterinary Association;
9. 1. 2
a pet store
9. 1. 3
an Ontario Humane Society Shelter or the Pound which
complies with this By -Law
9. 1. 4
a validly dog licenced kennel meeting the requirements of
Section 7 of this By -Law.
9. 2
No owner of a dog shall permit the dog to make any noise likely to
disturb the peace, quiet, comfort or repose of inhabitants of the
Municipality for a period greater than one hour.
10.
NO LIABILITY
FOR DAMAGES
10. 1
The Municipality, its agents and servants, and in particular the Animal
Control Officer, shall not be liable for damages or compensation for any
dog killed, euthanized, or otherwise disposed of pursuant to any provision
of this By -Law and no such damages or compensation shall be paid to
any person.
11.
PENALTY PROVISIONS
11. 1
Every person who contravenes any provision of this By -Law
11. 1. 1 is guilty of an offence; and
11. 1. 2 upon conviction thereof is liable to a fine or penalty of not
more than $ 5,000.00 for such offence and each such fine or
penalty shall be recoverable
under the Provincial Offences
Act, R. S. O. 1990, as amended, or any successor thereto.
12.
SHORT TITLE
12. 1
This By -Law may be cited as the Municipality of Central Elgin Dog
Control By -Law.
13.
This By -Law will come into effect and former Village of Belmont By- law 93- 11,
former Township of Yarmouth By- law 2814 and former Village of Port Stanley By-
law 2616 will be rescinded upon final approval of the Set Fine Schedule by the
Ministry of the Attorney General.
READ
a FIRST, SECOND AND THIRD TIME AND FINALLY
PASSED THIS 25th DAY
I
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO
COURT OFJUSTICE
WEST REGION
COURTHOUSE
15TM
FLOOR.
UNIT " G"
60
DUNDAS
STREET
LONDON. ONTARIO
NGA 683
July 14, 2009
Mr. Stephen I-
Gibson
Hennessey Gibson Hogan, LLP
99 Edward Street, 2. d Floor
St. Thomas, Ontario
N5P 1Y8
Dear Mr. Gibson:
CABINET
DU JUGE PRINCIPAL
REGIONAL
COUR DE JUSTICE DE L' ONTARIO
REGION
DE L' OUEST
TELEPHONE/
TELEPHONE
IS 19) 660-
2292
FAX/ TELECOPIEUR ( 519) 660- 3298
JUL
lxrn
7 ?
pg
A
7taa"UP
ant
Re:
Set Fines - Provincial Offences Act - Part I
By-law Number 1139, of the Municipality of Central Elgin
Enclosed herewith is a copy of an Order, and a copy of a schedule of set fines for the above
referenced By -Law, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form ofwording used
to describe the offences.
I have forwarded the copy of the Order and the schedule of set fines to the Provincial
Offences Court in St. Thomas, Ontario, together with a certified copy of the By-law.
Regional
Senior Justice
West Region
Enclosures
PP
cc:
Manager, Provincial
Offences Court
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 Municipal By-law No. 1139, of the Municipality of Central Elgin,
attached
hereto
are the set fines for those offences. This Order is to take effect
July 14, 2009.
Dated at Londonthis 14th day of July, 2009.
Kathleen E. McGowan
Regional Senior Justice
West Region
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