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The Corporation of the Township of Centre Wellington
By-law 2019-70
A By-law to Regulate the Keeping, Registration, Licensing,
Control and Welfare of certain classes of animals in the
Township of Centre Wellington
Whereas section 11 (2), paragraph 6 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
authorizes a municipality to pass a by-law respecting the health, safety and well-being of persons;
And Whereas section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a
municipality to pass a by-law to regulate animals;
And Whereas section 11(2) paragraph 8 and section 11(3) of the Municipal Act, 2001, S.O. 2001,
c. 25, as amended authorizes a municipality to pass by-laws respecting animals and the protection
of persons and property;
And Whereas section 8 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a
municipality to provide for a system of licences with respect to animals;
And Whereas section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a
municipality to delegate its powers and duties;
And Whereas the Council of the Corporation of the Township of Centre Wellington deems it
necessary and expedient to regulate the keeping of dogs, cats and other animals in the Township
of Centre Wellington;
Now Therefore the Council of the Corporation of the Township of Centre Wellington hereby
enacts as follows:
1.
Definitions
1.1
In this By-law:
"Agricultural Property" means any lands designated as an agricultural zone under the provisions
of the Township's zoning by-law where the predominant use is for agricultural purposes;
"Animal" means any member of the animal kingdom, other than a human;
"Building" means a building as defined in the Building Code Act, as amended or a structure or any
part thereof used or intended to be used for supporting or sheltering any use or occupancy;
"Cat" means a regular domestic cat;
"Clerk" means the Clerk for the Township or any person designated by the Clerk;
"Committee" means the Appeal Committee as appointed by Council for the Township or other
Committee appointed pursuant to this By-law;
"Dog" means a domestic dog;
"Dwelling Unit" means a room or a suite of rooms operated as a housekeeping unit, used or
intended to be used as a domicile by one or more persons and supporting general living conditions
including cooking, eating, sleeping and sanitary facilities;
"Farm Dog" means a dog which is actively herding farm animals on agricultural property, such as
cattle or sheep;
"Harbour or Harboured" shall include keeping or possessing for any period of time, whether
temporary or not;
"Hen" means a female chicken;
"Hunting Dog" means a dog licensed by the Ministry of Natural Resources for the purpose of
hunting moose, deer or raccoons;
"Kennel" means a place where four (4) or more dogs are boarded, housed, trained, exercised, bred,
sold, cared for, kept or harboured and shall include a commercial kennel as defined in the
Township's Zoning By-law but shall not include:
(a) a veterinary clinic;
(c)
a pound or an animal shelter operated by or on behalf of the Township for impounding
animals;
(d)
a pet store;
(e)
a facility in which animals are placed for care pursuant to the Pounds Act, R.S.O. 1990,
c. P.17, as amended;
(f)
a facility registered as a research facility in accordance with the Animals for Research
Act, R.S.O. 1990, c. A. 22, as amended;
(g)
any premise licensed under any Statute of the Legislature of Ontario of the Government
of Canada which permits the keeping of dogs under certain conditions.
"Keep" or "Kept" shall include harbouring or possessing for any period of time, whether temporary
or not;
"Leash" means a leash, chain, rope, cord, chain or other similar device, which is used, designed
and capable of being held by a person and is used and designed to restrain a dog;
"Leash Free Park" means a park owned by the Township where a dog is permitted to be off a
leash;
"Licence" means a licence issued by the Township pursuant to this By-law;
"Licensee" means a person issued a kennel licence pursuant to this By-law;
"Microchip" means a device, designed to an approved Canadian standard, implanted in an
animal, containing a unique code that permits or facilitates access to information such as the
name and contact information of the animal's owner;
"Noise" means a sound that at the point of reception is likely to disturb the inhabitants;
"Officer" means an animal control officer, a pound keeper and its employees, the Ontario SPCA
Officers, police officer, municipal law enforcement officer, the Medical Health Officer or other
person appointed by by-law to enforce the provisions of this By-law;
"Owner" shall mean any person who keeps or harbours a dog, cat or animal and where the owner
is a minor, the person responsible for the custody of the minor;
"Person" includes an individual, sole proprietorship, partnership, limited partnership, trust,
corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other
legal representative;
"Police Work Dog" means a dog trained for and engaged in law enforcement by any Federal,
Provincial or municipal government or government agency;
"Pound" means any premise or facility or part thereof used by the Township for the temporary
housing or boarding of animals that have been impounded pursuant to this By-law;
"Pound Keeper" means any person retained by the Township to provide a pound;
"Property" means a parcel of land which is capable of being legally conveyed;
"Property Line" means any boundary of a property or its vertical projection;
"Registration or Registered" means a record of ownership and of the keeping of an animal
pursuant to this By-law;
"Service Dog" means a dog trained to assist a visually impaired person or a person with a
physical or mental disability or a medical condition;
"Rooster" means a male chicken;
"Tag" means a tag issued by the Township;
"Township" means the Corporation of the Township of Centre Wellington or the land within the
geographic limits of the Corporation of the Township of Centre Wellington as the context requires;
"Veterinary Clinic" means a building, land or vehicle or any combination of them used or
intended to be used as a place in or from which to engage in the practice of veterinary but does
not include a commercial kennel as defined in the Township's Zoning By-law;
"Zoning By-law" means any by-law administered by the Township passed pursuant to Section 34
of the Planning Act or a successor thereof, as may be amended from time to time.
2.
Application and General
2.1
This by-law shall apply throughout the whole of the Township.
2.2
No person shall permit a dog to make a noise by barking, howling or whining.
2.3
No person shall keep or harbour or permit to be kept or harboured at any one time, more than
three (3) dogs on a property or per dwelling unit.
2.4 Section 2.3 and 2.8 do not apply to the:
(a)
Pound;
(b)
Owner of a:
(i)
a licensed kennel;
(ii)
a veterinary clinic;
(iii)
a pet store;
(iv)
a pound or an animal shelter operated by or on behalf of the Township for
impounding animals;
(v)
a facility in which animals are placed for care pursuant to the Pounds Act,
R.S.O. 1990, c. P.17, as amended;
(vi)
a facility registered as a research facility in accordance with the Animals for
Research Act, R.S.O. 1990, c. A. 22, as amended;
(vii)
an Agricultural property that is actively being used for agricultural purposes.
2.5
No person shall own or keep a dog over the age of twelve (12) weeks without a current valid
dog licence.
2.6
An owner of a dog shall keep the tag issued by the Township securely fixed on the dog for
which it was issued at all times.
2.7
No person shall:
(a)
affix a tag to any dog other than the dog for which it was issued;
(b)
remove a tag except to replace it with a current or valid tag; or
(c)
remove a tag except while the dog is being lawfully used for hunting in the bush.
2.8
No person shall keep or harbour or permit to be kept or harboured more than three (3) cats
on a property or per dwelling unit.
2.9
No person shall own or operate a kennel without a current valid licence.
2.10 No person shall own or operate a kennel other than in accordance with the terms, conditions
and standards of a licence and this By-law.
2.11 No person shall keep or cause to be kept an animal identified as prohibited in Schedule A to
this By-law.
2.12 No person shall own, keep or harbour a prohibited grandparented animal unless it is
registered in accordance with section 10.
2.13 No person shall own, keep or harbour a prohibited grandparented animal other than in
accordance with the terms and conditions imposed by the Clerk and this By-law.
2.14 No person shall alter or modify or permit the alteration or modification of a licence.
2.15 No person shall use, or attempt to use a licence issued to another person.
2.16 Every person who knowingly makes a false statement in an application, declaration, affidavit
or paper writing required by this By-law or the Township is guilty of an offence.
2.17 No person who is issued a kennel licence pursuant to this By-law shall contravene any
provision set out in this by-law, any other municipal by-law, federal or provincial Act, Statute,
or any other legislation applicable to a kennel licence.
2.18 No person shall dispose of or bury an animal on Township property or Township land.
2.19 No person shall create a situation where an animal is likely to be in distress, as determined
by an Officer because of:
(a) confinement by that person; or
(b) the number of animals being kept by that person.
3.
Licences and Registration
3.1
The Clerk is hereby delegated authority to issue licences and register animals in accordance
with the provisions of this By-law.
3.2
The Clerk is hereby delegated authority to impose additional terms and conditions to a kennel
licence and on an owner of a prohibited grandparented animal that in the opinion of the Clerk
are reasonable and taking into consideration:
(a)
health, safety and welfare of animal;
(b)
health, safety and well-being of persons;
(c)
health, safety and welfare of other animal;
(b)
the impact on a neighbouring property or neighbouring property owner.
3.3
A licence or registration automatically expires and becomes null and void upon the sale, death
or other disposal of an animal to which such licence and registration applies.
3.4
A licence issued by the Township is non-refundable.
3.5
A licence issued pursuant to this By-law is valid for the current calendar year in which it is
issued.
3.6
A licensee shall notify the Township within fifteen (15) days of any changes to the:
(a)
business name;
(b)
location of the business premises;
(c)
ownership of the business
and such changes shall be subject to submission of the necessary documentation to the
Township.
3.7
A licensee shall display a licence in a conspicuous place on the licensed property visible to
the public at all times.
3.8
A licensee shall be responsible for the act(s) and omission(s) of its employees,
representatives and agents in the carrying on of the business in the same manner and to the
same extent as though the Licensee did the act(s) or omission(s).
3.9
Any record required by this By-law shall be produced by the Licensee upon request of an
Officer.
4.
Dogs - Application for a Licence
4.1
Every calendar year, an owner of a dog that is over the age of twelve (12) weeks shall
obtain a dog licence from the Township prior to 30th day of April, unless the dog came into
the owner's possession or care after that date.
4.2 Every owner of a dog that has a dog over the age of twelve (12) weeks that comes into his
or her possession after the 30th day of April shall immediately obtain a licence for the dog.
4.3
An owner of a dog making an application for a dog licence shall submit:
(a)
a complete application in the form provided by the Township;
(b)
when required by the Township, a certificate signed by a practicing veterinarian that
the dog has been inoculated with an anti-rabies vaccine within a period of twelve (12)
months preceding the date of application for a licence;
(c)
the required licence fee.
5.
Dog - Licence
5.1
A dog licence in the form of a dog tag shall be issued where the Clerk is satisfied that the
requirements of this By-law have been met.
5.2
An owner of a dog may obtain a replacement dog tag upon payment of the prescribed fee.
6.
Dogs - Leashes and at Large
6.1
No owner of a dog shall permit a dog to be at large in the Township except in a Leash Free
Park.
6.2
A dog is deemed to be running at large if found in any place other than the property of the
owner of the dog and the dog is not on a leash and under the control of a person capable of
handling the dog when it is on property other than that of the owner, unless prior consent is
given by the person owning the property on which the dog is found.
6.3
Sections 6.1 and 6.2 of this By-law shall not apply to a:
(a) police work dog, or a service dog while actively engaged in the performance of its
trained duties;
(b)
hunting dog while hunting pursuant to provincial regulations;
(c)
farm dog that is under the control of its owner.
7.
Impoundment
7.1
An officer may seize and impound an animal found running at large and may apprehend an
animal.
7.2
Where an animal is seized and is injured or should be euthanized without delay for humane
reasons or for reasons of safety to persons or animals, an officer may euthanize the animal,
or have the animal euthanized in a humane manner as soon after seizure as the officer thinks
fit without permitting any person to reclaim the animal.
7.3
Where the owner of an animal is known, the Pound Keeper shall make reasonable efforts to
notify the owner that the animal has been impounded.
7.4
Where an animal is seized and impounded, the Pound Keeper shall return it to the owner
provided that:
(a)
the owner claims possession of the animal within three (3) days (excluding Sundays
and holidays) after the date of seizure; and
(b)
the animal can be lawfully returned; and
(c)
upon payment of any applicable licensing and registration fees; and
(d)
upon payment of the impound and boarding fees.
7.5
The owner of an animal impounded, if known, whether or not the animal is claimed by the
owner from the pound, shall be liable for the payment of the pound fee, the boarding fee, and
any euthanasia and disposal fees applicable, and shall pay all fees on demand by the
Township's Pound Keeper.
7.6
Where at the end of three (3) days excluding Sundays and holidays an animal has not been
returned to the owner, the pound keeper may dispose of the animal in accordance with the
provisions of the Animals for Research Act, R.S.O. 1990, c. A. 22, as amended.
7.7
All monies received for the sale or adoption of unclaimed animals shall become the property
of the Township or the pound keeper as agreed to by the Township. However, in the event
where the Township has entered into a contract, the terms of the contract shall prevail.
8.
Prohibited Animals
8.1
The keeping or harbouring of an animal identified in Schedule A to this By-law is hereby
prohibited.
8.2
Notwithstanding Section 8.1 an animal identified as prohibited in Schedule A to this By-law
may be kept or harboured:
(a) at a special event approved by the Township;
(b)
at an institution accredited by the Canadian Association of Zoological Parks and
Aquariums;
(c)
at a premise licensed or exempt under the Animals for Research Act, R.S.O. 1990, c.
A. 22, as amended;
(d)
by a person licensed, exempt or otherwise expressly permitted by provincial or federal
legislation.
8.3
Notwithstanding section 8.1, no person shall keep an animal that is prohibited by or under any
federal or provincial legislation.
9.
Prohibited Grandparented Animals
9.1
Any person who harbours or keeps a prohibited animal shall remove the prohibited animal, or
make application and provide to the Clerk proof that the prohibited animal was lawfully owned
prior to the prohibition within 90 days of the passing of this By-law.
9.2
The Clerk upon considering those animals that were prohibited by By-laws 3099-93, 1923/96
and this By-law, and being satisfied that the prohibited animal was lawfully owned prior to the
prohibition may deem the prohibited animal to be grandparented.
9.3
The Clerk, upon deeming a prohibited animal to be grandparented shall enter information
pertaining to the prohibited animal and its owner into a registry of prohibited grandparented
animals.
9.4
The Clerk may impose additional terms or conditions on the keeping or harbouring of any
prohibited grandparented animal (e.g. housing).
9.5
Any person who moves a prohibited grandparented animal to a location other than the one on
file with the Township, shall notify the Clerk of the new location within the Township within forty-
eight (48) hours after the prohibited grandparented animal is moved.
9.6
A prohibited grandparented animal may be kept until it dies or has otherwise been disposed of.
9.7
A person who has a prohibited grandparented animal that dies or is otherwise disposed of shall
notify the Clerk within forty-eight (48) hours of its death.
10.
Restricted - Animals
10.1 No person shall keep more than a combined total of four (4) pigeons or ten (10) hens on a
property except on agricultural property.
10.2 No person shall own, keep or harbour a hen on a property without the coop being registered
except on agricultural property.
10.3 No person shall own, keep or harbour a hen on a property except on agricultural property
other than in accordance with the terms, conditions and standards of this By-law.
10.4 No person shall have more than one hen coop on a property except on agricultural property.
10.5 No person shall keep, or cause to be kept, a horse, donkey, pony, mule, turkey, quail, llama,
alpaca, cow or steer, goat, sheep, duck, goose, or rooster on a property except on agricultural
property.
11.
Hens - Registration
11.1 The owner of a coop making an application to register the coop shall submit:
(a)
a complete application in the form provided by the Township;
(b)
the required registration fee.
11.2 The registration of a coop is subject to the completion of an inspection of the hen coop by the
Township to its satisfaction.
11.3 An administrative suspension without a hearing shall be imposed should a registered coop
receive three or more offenses until the coop is in compliance with this By-law.
12.
Hen Coops - Terms, Conditions and Standards
12.1 A hen coop shall:
(a)
be located at least 3 metres (9.8 feet) from the side or rear lot line;
(b)
be located in the rear yard;
(c)
be a maximum size of 10 m² (108 ft²);
(d)
be a maximum height of 2 metres (6.6 feet);
(e)
be a maximum floor area of 10 m² (108 ft²);
(f)
provide a minimum floor area of .19 m² (2ft²) for each hen;
(g)
provide a minimum roofed outdoor enclosure area of .92 m² (10 ft²) for each coop;
(h)
provide a perch that is at least 20 cm (8 inches) long for each hen;
(i)
be constructed:
(i) to fully enclose a hen to prevent it from escaping;
(ii) to prevent other animals from entering the hen coop;
(iii) with lockable roofs and doors;
(j)
in the case of a floor be made of material resistant to moisture and mould, and lined with
shavings, straw, or other appropriate materials to absorb manure and facilitate cleaning;
(k)
have proper ventilation, be weather-proofed and insulated with an air temperature
suitable for the hens;
(l)
provide a nest box and an accessible dust bath area.
12.2 Every person who owns, keeps or harbours a hen on a property except agricultural property
shall:
(a)
maintain the hen coop in a clean condition and free from the accumulation of feces,
offensive odours, insect or rodent infestations;
(b)
not sell eggs from the property;
(c)
lock the roof and doors of the hen coop at night;
(d)
keep the hens enclosed in the hen coop at all times in the rear yard of the property; unless
under owner supervision;
(e)
remove feces and dispose of the feces as compost or via appropriate waste receptacle;
(f)
keep the hen coop at a healthy temperature for the hens at all times;
(g)
not slaughter or butcher a hen on the property;
(h)
dispose of a dead hen in accordance with any applicable law and immediately:
(i) at a livestock disposal facility;
(ii) through veterinarian services;
(iii) through a facility approved by the applicable provincial Ministry.
13.
Kennel - Application for a Licence
13.1 Every calendar year, an owner of a kennel shall obtain a kennel licence from the Township
prior to 30th day of May of each calendar year, unless the kennel came into the owner's
possession after that date.
13.2 Where a kennel comes into the possession of an owner after the 29th day of May he shall
immediately obtain a kennel licence.
13.3 A Person making an application for a kennel licence shall:
(a)
submit a complete application in the form provided by the Township;
(b)
submit an accurate plan of the property showing:
(i)
the location of buildings, structures, septic system, tile bed and well in relation to
property lines;
(ii)
the location of dog runs, waste containment, acoustical barriers, training areas
and any other facilities to be used for kennel purposes in relation to property
lines;
(iii)
the distance between buildings and their existing uses situated on adjacent
properties.
(c)
submit in the case of a boarding kennel, proof of insurance by way of certificate of
insurance showing a minimum limit of two million dollars ($2,000,000) in commercial
general liability for the term of the kennel licence with an endorsement that notice in
writing at least thirty (30) days prior to cancellation, expiration, or variation thereof will
be given to the Township by the insurance underwriter;
(d)
submit when applicable the Business Name Registration and/or Articles of
Incorporation obtained from the applicable provincial or federal Ministry;
(e)
submit any other documents or studies as may be required by the Township to the
satisfaction of the Township;
(f)
submit the required kennel licence fee.
13.4 In addition to the above, a Person making an application for a kennel licence with over 20
dogs shall:
(a)
submit a site control plan based on a legal survey prepared by a licensed professional
engineer or Ontario Land Surveyor, showing:
(i)
the location of buildings, structures, septic system, tile bed and well in relation to
property lines;
(ii)
the location of dog runs, waste containment, acoustical barriers, training areas
and any other facilities to be used for kennel purposes in relation to property
lines;
(iii)
the distance between buildings and their existing uses situated on adjacent
properties;
(iv)
the location of an adequate parking area.
(b)
submit to the satisfaction of the Township a noise evaluation study prepared by a
qualified acoustical consultant.
13.5 In addition to the above, the Clerk may require a Person making an application for a kennel
licence to provide a noise evaluation study prepared by a qualified acoustical consultant at
any time as a result of noise complaints received by the Township.
14.
Kennel - Licence
14.1 A kennel licence shall be issued by the Clerk:
(a)
upon the requirements of this By-law being met;
(b)
upon the requirements of the Township's zoning by-law being met;
(c)
subject to the completion of an inspection by the Township to its satisfaction.
15.
Kennel - Terms, Conditions and Standards
15.1 A kennel licence is subject to the terms, conditions and standards set out in this By-law.
15.2 Every dog shall be inoculated with a valid anti-rabies vaccine and certificate.
15.3 The owner of a kennel shall reside on the property on which the kennel is located.
15.4 Every owner shall ensure that the kennel building complies with the following requirements:
(a)
comply with the requirements of the Township's Zoning By-law;
(b)
comply with the requirements of the Building Code Act;
(c)
not be attached to a dwelling unit or any other building used for human habitation with
the exception of a kennel with a valid licence and existing on the date of the passing of
this By-law;
(d)
have adequately sized cages to allow the dog to extend its legs to their full extent, stand
or sit, turn around, or lie down in a fully extended position;
(e)
not have cages that are constructed solely of metal, wire, or impermeable concrete
block;
(f)
in the case of a floor or wall:
i) be made of concrete or other impermeable material including rigid plastic;
ii) not be made of wire;
(g)
have a self-drain;
(h)
have adequate natural and artificial lights, proper ventilation and sufficient heat to
maintain healthy conditions specific to the breed of dog being housed.
15.5 Every owner shall ensure that a structure and defined use areas including an outdoor run,
pen, exercise yard on the property of a kennel complies with the following requirements:
(a)
comply with the requirements of the Township's Zoning By-law;
(b)
comply with the requirements of the Building Code Act;
(c)
have adequate natural and artificial lights, proper ventilation and sufficient heat to
maintain healthy conditions specific to the breed of dog being housed;
(d)
be enclosed by a fence with a minimum height of 1.52 metres (5 feet) and a maximum
height of 2.5 metres (8.2 feet).
15.6 Every person who owns or operates a kennel shall:
(a)
thoroughly clean and disinfect the floors of a kennel building on a daily basis;
(b)
maintain the kennel building and defined use areas including an outdoor run, pen and
exercise yard in a sanitary, well-ventilated, clean condition and free from the
accumulation of feces, offensive odours, insect or rodent infestations;
(c)
keep all dogs in a clean and healthy condition free from vermin and disease;
(d)
provide every dog with adequate food and potable water at all times;
(e)
provide every dog with sanitary, well ventilated, naturally lighted quarters kept at a
healthy temperature at all times;
(f)
immediately drain a floor when water is present;
(g)
adhere to the guidelines set out in "A Code of Practice for Canadian Kennel Operations
- Third edition | 2018", as amended;
(h)
provide every dog with the opportunity for periodic exercise sufficient to maintain good
health including the opportunity to be unfettered from a fixed area and exercised
regularly under appropriate control;
(i)
necessary veterinary medical care when any dog exhibits signs of pain, illness or
suffering;
15.7 Every person who owns or operates a breeding kennel shall:
(a)
maintain a whelping bitch dog in a separate accommodation from the other dogs in the
kennel;
(b)
the separate accommodation for a whelping bitch dog shall be 2.5 times the size of the
whelping bitch dog;
(c)
provide a separate outdoor run for the whelping bitch dog to prevent the transfer of
diseases;
(d)
provide a whelping box for the whelping bitch dog that is constructed with four sides
with a floor made of impermeable material;
(e)
not permit noise from barking during the following prohibited times;
(i) 22:00 one day to 07:00 the next day;
(ii) no continuous noise from barking in excess of 2 hours from 07:00 to 22:00;
(f)
undertake measures to ensure that residences on an adjacent property is not subjected
to noise made by dogs kept or harboured on the property.
15.8 In addition to any other requirements in this By-law, a dog may be housed outdoors provided
the following regulations are adhered to:
(a)
the breed of dog must be properly acclimatized to seasonal and regional temperatures;
(b)
an aged, young, or infirm dog shall not be housed outdoors;
(c)
shelter and protection from cold and heat must be provided including protection from
direct sunlight, rain, sleet and snow;
(d)
an enclosed area with dry bedding must be provided.
15.9 In addition to any other requirements in this By-law, group housing of dogs in a kennel is
suitable provided that the following regulations are adhered to:
(a)
any dog exhibiting vicious behavior or dominance aggression is housed separately;
(b)
a dog under treatment for communicable disease or suspected of harbouring a
communicable disease is separately housed;
(c)
newly acquired dogs are isolated before full integration into group housing.
15.10 In addition to Section 3.2, the Clerk, may impose the following terms and conditions on a
kennel licence:
(a)
approval from the Township for the installation of any septic system to handle dog
waste;
(b)
a restriction on the time that the outdoor runs may be open;
(c)
notwithstanding Section 15(7)(e) a further restriction on the time of when noise from
barking from the kennel is restricted;
(d)
a restriction on how many dogs are in the outdoor runs or exercise yards at one time to
reduce possible noise issues;
(e)
a barrier preventing a dog from seeing a motorist or a person travelling along any
roads/walkways/trails, etc;
(f)
additional evaluations by a qualified acoustical consultant after the kennel has been
operating;
(g)
satisfactory arrangements for the implementation and installation of noise abatement
measures, including the entering into of an agreement and the posting of securities to
ensure the completion of any required noise abatement measures;
(h)
in the case of a new kennel, an increased distance separation from any adjacent
habitable building, excluding a building of the owner of the property on which the kennel
is located.
15.11 Every person who owns or operates a kennel shall maintain records of the following
information:
(a)
the names and addresses of the dog owners cared for at the kennel;
(b)
the date of arrival and departure from the kennel;
(c)
breeding and identification records of all whelping bitches and stud dogs and the
resulting litters;
(d)
veterinarian records on individual dogs maintained in the kennel;
(e)
written dog care procedures dealing with, amongst other matters, methods of handling
dogs, sickness, emergency situations, injury or death and contact information for a
veterinarian.
16.
Kennel Licences - Administrative Suspensions
16.1 Where the Licensee's policy of liability insurance expires, is cancelled, or is otherwise
terminated, then the applicable licence shall be automatically suspended effective on the date
of such expiration, cancellation, or termination and shall remain so until such insurance has
been reinstated.
16.2 An administrative suspension of a licence without a hearing shall be imposed for:
(a)
Fourteen (14) days if the Clerk is satisfied that the continuation of the business poses
an immediate danger to health and safety of any person or to any property or in
accordance with Section 16.7. Before any suspension is imposed, the Township shall
provide the licensee with the reasons for the suspension, either orally or in writing, and
an opportunity to respond to them.
16.3 An administrative suspension imposed under section 16.2 may be imposed on such
conditions as the Clerk considers appropriate.
17.
Licences - Grounds for Refusal, Revocation or Suspension
17.1 An applicant or licensee is entitled to a kennel licence upon meeting the requirements of this
By-law except where:
(a)
the past or present conduct of any person, including the officers, directors, employees
or agents of a corporation affords reasonable cause to believe that the person will not
carry on or engage in the business in respect of which the application is made in
accordance with the law or with honesty or integrity; or
(b)
the applicant or licensee has past breaches of any law and any outstanding fines
imposed by a court of the contravention of any provision of this By-law or any other
municipal by-law or Provincial Statute associated with the carrying on of such business;
or
(c)
the issuing of a kennel licence would be contrary to the public interest with respect to
health and safety, consumer protection, or nuisance control; or
(d)
the applicant or licensee has submitted an application or other documents to the
Township containing false statements, incorrect, incomplete, or misleading information;
or
(e)
the applicant or licensee is carrying on or engaging in activities that are, or will be, if the
applicant of licensee is licensed, in contravention of this By-law, or any other applicable
law; or
(f)
the applicant or licensee has not paid the required kennel licence fee.
17.2 The Clerk may revoke, suspend, refuse to issue, or refuse to renew a kennel licence, where
the applicant or licensee would not be entitled to a kennel licence, or to the renewal of a
kennel licence, on any grounds set out in this By-law.
17.3 Where the application for a kennel licence has been revoked, suspended or cancelled, the
fees paid by the applicant or licensee, in the respect of the application for a kennel licence,
shall not be refunded.
17.4 Where a kennel licence has been revoked, suspended, or cancelled the licensee shall return
the kennel licence to the Clerk within two (2) days of service of the notice of the decision.
17.5 When a revoked, suspended or cancelled kennel licence has not been returned, an Officer
may enter upon the property excluding entry into a dwelling unit for the purpose of receiving,
taking or removing the said kennel licence.
18.
Licences - Grounds for Refusal, Revocation or Suspension - Terms and Conditions -
Right to a Hearing
18.1 With the exception of Section 16, before a kennel licence is refused, revoked, suspended,
cancelled or issued with terms or conditions, written notice shall be given to the applicant or
licensee.
18.2 Notice shall be served to the applicant's or licensee's last known address filed with the
Township and shall:
(a)
contain sufficient information to specify the nature of, or reason for, any
recommendation;
(b)
inform the applicant or licensee of entitlement to a hearing before the Committee, if a
request in writing for a hearing is returned to the Clerk within fifteen (15) days after the
date of service of the notice; and
(c)
inform the applicant or licensee that if no written request is received, the Committee
may proceed and make any decision with respect to the licence.
18.3 On receipt of a written request for a hearing from an applicant or licensee, the Clerk shall:
(a)
schedule a hearing; and
(b)
give the applicant or licensee notice of the hearing at least twenty (20) days prior to the
hearing date.
18.4 Service of any notice on the applicant or licensee under this by-law shall be made by personal
delivery or by ordinary mail. The notice shall be deemed to have been served on the seventh
(7th) day after the day of mailing or on the date of personal service.
19.
Establishment of a Hearing Committee
19.1 The Committee is delegated authority by Council to hear and render decisions regarding the
refusal, revocation or suspension of a kennel licence, and the imposing of terms and
conditions on a kennel licence.
19.2 The decision of the Committee shall be final and binding.
20.
Hearing Process
20.1 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22, as
amended, shall apply to all hearings conducted under this By-law.
20.2 A hearing shall be held in public, and the Committee shall hear the applicant or licensee and
every other person who desires to be heard, and the Committee may adjourn the hearing or
reserve its decision.
20.3 No decision of the Committee is valid unless it is concurred in by the majority of the members
of the Committee that heard the matter, and the decision of the Committee, shall be in writing
and shall set out the reasons for the decision, and shall be signed by the members who concur
in the decision.
20.4 Any authority or permission granted by the Committee may be for such time and subject to
such terms and conditions as the Committee considers advisable and as are set out in the
decision.
20.5 When a person who has been given written notice of a hearing does not attend at the
appointed time and place, the Committee may proceed with the hearing in his absence, and
the person shall not be entitled to any further notice of the proceedings.
20.6 The Clerk shall no later than ten (10) days from the making of the decision send one (1) copy
of the decision to:
(a)
the applicant or licensee;
(b)
each person who appeared in person or by Counsel or by Agent at the hearing and who
filed with the Clerk a written request for notice of the decision.
21.
Fees
21.1. The fees for any licence, registration, or replacement tag issued pursuant to this By-law
shall be as prescribed in the Township's Fees and Charges By-law and is payable upon
submission of an application.
22.
Enforcement and Penalty Provisions
22.1 The enforcement of this By-law shall be conducted by an Officer.
22.2 An Officer may enter on land at any reasonable time for the purpose of carrying out an
inspection to determine whether or not the By-law is complied with.
22.3 Every person who contravenes any provision of this By-law and every director or officer of a
corporation, who knowingly concurs in the contravention by a corporation is guilty of an
offence and upon conviction is liable to:
(a)
on a first offence, to a fine not more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not more than
$100,000.00
22.4 Every person who contravenes any provision of this bylaw is guilty of an offence and upon
conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990,
Chapter P.33, as amended.
22.5 Every person shall comply with any Order or Notice issued under the authority of this by-
law.
22.6 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a
power or performing a duty under this By-law.
22.7 Every person who is alleged to have contravened any of the provisions of this By-law, shall
identify themselves to an Officer upon request, failure to do so shall be deemed to have
hindered or obstructed an Officer in the execution of his or her duties.
22.8 Upon conviction any penalty imposed under this By-law may be collected under the
authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
23.
Severability
23.1 If a court of competent jurisdiction declares any section or part of this By-law invalid, it is the
intention of Council of the Township that the remainder of this By-law shall continue in force
unless the court makes an order to the contrary.
24.
Singular and Plural Use
24.1 In this By-law, unless the context otherwise requires words importing the singular shall
include the plural and use of the masculine shall include the feminine, where applicable.
25.
Repeal
25.1 That By-law 3099-93, 1923/96, 2005-007 and all amendments thereto are hereby repealed.
Read a first, second and third time and finally passed this 16th day of December 2019.
____________________
_____________________
Mayor - Kelly Linton
Clerk - Kerri O'Kane
Township of Centre Wellington
Schedule "A"
By-law 2019-70
The following animals are prohibited:
Prohibited
Examples
Exception
All Marsupialia (Marsupials)
Kangaroos and
Opossums
sugar glider and short tailed
opossums
All Non-human Primates
Gorillas and Monkeys
All Felidae and hybrids
cats
All Canidae and hybrids
dogs
All Viverridae (Viverrids)
Mongooses, Civets and
Genets
All Mustelids
Skunks, Weasels,
Otters, Badgers
domestic ferrets
All Ursids
Bears
All Artiodactylus Ungulates
domestic goats, sheep, pigs,
llamas, alpacas and cattle,
American Bison in agricultural
zones
pot-bellied pigs in all zones
All Procyonidae
Racoons, Coatis and
Cocomistles
All Hyaenas
All Lerissodactylus
Ungulates
domestic horse, pony, mule
and donkey in agricultural
zones
All Elephantidae
Elephants
All Pinnipedia
Seals, Fur Seals and
Walruses
All Snakes of the Families
Pythonidae and Boidae
greater than 2 metres in
length.
All Venomous Reptiles
All Venomous Insects
(including Arachnids).
All animal that in capacity
produce venom) even
devenomized if medically
significant to the average
human, that will require
medical treatment
All Struthioniformes
Ratite Birds, Rheas,
Cassowaries, Kiwi
emus in agricultural zones
All Raptors
Eagles, Hawks and
Owls
Except those owned by
falconers licensed by the
Ontario Ministry of Natural
Resources.
All Edentates
Anteaters, Sloths and
Armadillos
All Tubulidentata
Aardvarks
All Bats
All Crocodylia
Alligators and
Crocodiles
All Poultry
Hens which have been
registered
Roosters and all other poultry
in agricultural zones