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The Corporation of the Municipality of
Central Elgin
By-law 2530
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
WHE REAS 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;
WHE REAS 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
WHE REAS 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
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) domesticated animals 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.
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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.
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 on any public property, or
private property with the consent of the owner or tenant, for the
purpose of seizing any dog running at large.
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 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
the pound fee, the boarding fee, and any applicable euthanasia and
disposal fees.
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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 place a dog that if
suitable as a pet with a new owner or organization such as the 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 or its agents, an animal 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 dog shall be so impounded or held for a period of 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.
MUZZLING OR LEASHING OF DOGS
4.1
Where a dog has been declared as 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.
LICENSES AND DOG TAGS
5.1
Subject to section 5.3, every person residing temporarily or permanently within
the limits of the Municipality, 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 licence therefore which shall
expire on the 3pt day of December in each calendar year in which the licence.
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 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
procure a licence and tag therefore, which licence shall expire on the 31st day of
December in the calendar year in which the licence was issued.
5.4
The tag referred to in Sections 5.1 and 5.3 above shall be considered a
permanent tag and will bear a serial number 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.
LICENCE FEES
6.1
An annual dog licence fee is hereby 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.
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KENNELS
7.1
Every owner of a 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.
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 meters 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 licence 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
licence include but are not limited to unresolved noise complaints, sanitation,
care of dogs as established by the Pound Act, or uses other than permitted by
the dog kennel licence.
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 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 licence has been cancelled, the owner of such dog
kennel may appeal the cancellation in a public meeting 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 licence.
7 .13
All dog kennel licences shall be valid for the calendar year in which such
licence was issued, at all times expiring on the 31st day of December of such
calendar year.
7.14
In the event that there is a change in ownership of the lands upon which a
licenced dog kennel is operating, the dog kennel licence then in effect will
remain in effect until expiry on December 31st of that calendar year, subject to
cancellation in accordance with section 7.9 above.
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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
premises 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 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; and
9.1.4 a validly licenced dog 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.
0.
LIABLE 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.
1.
PENAL TY PROVISIONS
11.1
Every person who contravenes any of the provisions 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 offense and each such fine or penalty shall be
recoverable under the Provincial Offences Act, R.S.O. 1990, as
amended, or any successor thereto.
2.
SHORT TITLE
12.1
This By-Law may be cited as the Municipality of Central Elgin Dog
Control By-Law.
3.
This By-Law shall come into effect and By-Law No. 1139 will be rescinded upon final
approval of the Set Fine Schedule by the Ministry of the Attorney General.
EAD A FIRST AND A SECOND TIME THIS 26th DAY OF OCTOBER 2020.
t<JD Fl NALLY PASSED THIS 26th DAY OF OCTOBER 2020.
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SattyMar(7
Mayor
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