Township of Chatsworth Animal Control By-law 2019-32 (Dogs and Kennels), amended by BL 2020-76

Chatsworth, Ontario · No. 2019-32 · adopted 2019-05-01 · summary & facts

This is the exact embedded text of the captured official document. Snapshot b52056dc764c · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH By-Law Number 2019-32 As amended by Being a by-law to provide for the regulation, restriction, BL 2020-76 keeping and licensing of dogs and kennels and the prohibition of cruelty to domestic animals in the Township of Chatsworth WHEREAS Subsection 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides authority for lower tier municipalities to pass by-laws to regulate animals; AND WHEREAS Sections 103 and 105 of the Municipal Act, 2001 provide authority in respect of the seizure and impounding of dogs found running at large and the muzzling of dogs in the Township ; AND WHEREAS The Corporation of the Township of Chatsworth (the "Township") deems it desirable to prohibit the running at large of dogs in the Township, to implement provisions for the proper installation and maintenance of kennels and to appoint an Animal Control Officer to carry out the enforcement thereof in order to promote reasonable and safe care of the dogs in the Township; AND WHEREAS Subsection 391 (1) of the Municipal Act, 2001 authorizes a Township to impose fees or charges on persons for services or activities provided or done by or on behalf of it: AND WHEREAS Section 20 of the Animals for Research Act, RSO 1990, Chapter A.22, as amended, details the terms and conditions under which a municipal pound may impound a dog or require a dog to be destroyed. AND WHEREAS section 2 of the Protection of Livestock and Poultry from Dogs Act, R.S.O. 1990, c. L.24, as amended, allows any person to kill a dog that is found killing or injuring livestock or poultry. AND WHEREAS the Council of the Corporation of the Township of Chatsworth is desirous of prohibiting cruelty to animals as well as maintaining control over dogs from running at large within the Township. NOW THEREFORE the Council of The Corporation of the Township of Chatsworth hereby enacts as follows: 1.0 DEFINITIONS for the purposes of this by-law: 1.1 "Animal Control Officer" means a person or persons duly appointed by the Council of The Corporation of the Township of Chatsworth to enforce the provisions of this by- law and includes any police officer appointed pursuant to the Police Services Act. 1.2 "At Large" or "Trespass", in the context of dogs shall mean to be found in a place other than the premises of the owner of the dog and not under the control of the owner of the dog or other competent person authorized by the owner to have control. 'Run at Large or Running At Large' shall have the same meaning under this By Law. 1.3 "Dangerous Dog" means a dog that a) has, in the absence of any mitigating factor, (exceptions may be made by the if the dog was teased, abused, assaulted or if the dog was reacting to a person trespassing on the property owned by the dog's owner ) attacked, bitten, or caused injury to a person or has demonstrated a propensity, tendency or disposition to do so; or Dog Control By Law b) has significantly injured a domestic or farm animal; or c) has shown the disposition or tendency to be threatening or aggressive to persons or animals; or d) has been previously designated as a potentially dangerous dog, is kept or permitted to be kept in violation of the requirements for such dog; 1.4 "Distress" means the state of being in need of proper care, water, food or shelter or being injured, sick or in pain or suffering or being abused or subject to undue or unnecessary hardship, privation or neglect. 15 "Dog" means any male or female domesticated dog, or any member of the species Canis familiaris 1.6 "Dog tag" means a metal piece furnished by the Township of Chatsworth that bears an identification number and is suitable to be securely fixed on an animal for the purpose of identification. Such tag is received upon registration of a dog and payment of the appropriate fee. 1.7 "Guide Dog" means a dog that is trained to aid persons with disabilities and is actively in use for such purposes; 1.8 "Kennel" shall mean any part of a lot, building, structure or establishment where more than three (3) dogs are kept and which is licensed by the Township under the provisions of the Municipal Act; a) Boarding Kennel shall mean for the purpose of this by-law be deemed a facility which provides shelter and care of dogs under contract; b) Breeding Kennel means a place where a minimum of three (3) are housed, groomed, boarded, bred, trained, sold for breeding purposes and are registered with an association incorporated under the Animal Pedigree Act (Canada). c) Personal Use Kennel shall mean any property in which more than three (3) dogs are kept for show purposes, orforthe personal enioyment or predator control. 1.9 "Kennel Licence" means a certificate issued by the Clerk or designate of the Township upon fulfilling the requirements of the by law and by payment of the appropriate fee. 1.10 "Keep" means to have temporary or permanent control or possession of an animal. 1.11 "License" means a license that has been issued and paid for the current licensing year. 1.12 "Muzzle" means a fastening or covering devise of adequate strength over the mouth to prevent a dog from biting. 1.13 "Township" means The Corporation of the Township of Chatsworth or employee thereof 1.14 "Owner" means any owner of a dog as identified on the dog license, including a person, partnership, association or corporation that owns, possesses or has control, care or custody over a dog and, where the owner is a minor, the person responsible for the custody of the minor. 1.15 "Peace Officer' means: a) apolice officer, including a police officer within the meaning of the Police Services Act, a special constable, a First Nations Constable and an auxiliary member of a police force; b) | amunicipal law enforcement officer; c) | aninspector or agent under the Ontario Society for the Prevention of Cruelty to Animals Act; or d) a public officer designated as a peace officer for the purposes of the Dog Owner's Liability Act. Dog Control By Law 1.16 "Person" means any human being, association, firm, partnership, private club, incorporated company, corporation, agent or trustee and the heirs, executors, or other legal representatives of a person to whom the context can apply according to law. 1.17 "Police Work Dog" means a dog trained to aid law enforcement officers and which dog is actually being used for police work. 1.18 "Pound" means the premises that are used for the detention, maintenance or disposal of dogs that have been impounded pursuant to this By-law or the Dog Owners Liability Act. 1.19 "Poundkeeper" means the owner, operator or person(s) acting on behalf of the owner or operator of the facility identified by the Township as providing pound services for the Township. 1.20 "Protective Care" means the temporary, time-limited keeping of a domestic animal by the Municipality as a result of the eviction, incarceration, fire or medical emergency. 1.21 "Purebred" means bred from stock having no admixture as certified by a competent certification authority 1.22 "Registration" means a dog a) Registered or eligible for registration in the register of the Canadian Kennel Club, Incorporated, or b) Of aclass designated as pure-bred in any regulations passed pursuant to provincial legislation. 1.23 "Urban Residential Zone" means the residential zones included in the Township of Chatsworth Comprehensive Zoning By Law including, Berkeley, Village of Chatsworth, Holland Centre, Desboro, Keady, and Walters Falls and Williamsford. 2.0 ANIMAL CONTROL OFFICER 2.1. Council shall, by by-law, appoint an Animal Control Officer whose duties it shall be to: 2.1.1 On occasion Issue dog tags upon registration in accordance with the provisions of this By-law. 2.1.2 On occasion collect Kennel Licence and registration fees in accordance with the Consolidated Fees By-Law. 2.1.3 Assist in the prosecution of any contravention of this By-law. 2.1.4 Assist with the upkeep an accurate dog tag registry pursuant to this By-law and such records must show the dog owner's name and address and the serial number of the dog tag. 2.1.5 Report to Council and/or the Police Services Board, if requested on all matters relating to this By-law or at such shorter intervals as requested by Council. 2.1.6 Inspect kennels registered in the Township if and when required to ensure compliance with this By law. 2.1.7 Administer and implement the provisions of this By-law. 2.2 Any duties contained in Sections 2.1 of this By-law may also be performed by the Clerk of the Township or any staff member acting under the Clerk's direction. Dog Control By Law 2.3 Council may, by by-law, appoint a person as a Relief By-Law Enforcement/Small Animal Control Officer whose duty shall be to perform the duties of the Animal Control Officer during the absence of the Animal Control Officer. The Relief By-Law Enforcement/Small Anima! Control Officer shall have the same duties as are herein set forth for the Animal Control Officer. 3.0 DOG TAGS, LICENCING AND REGISTRATION 3.1 No person shall own, possess or harbor an unlicensed dog within the Township. 3.2 No owner shall keep or permit to be kept more than three ( 3 ) dogs at any one time, per dwelling unit, location or residence within the Township of Chatsworth, with exception of the following: a) a licensed kennel: b) an animal hospital/veterinary clinic; Cc) a pet store; d) aregistered research facility or supply facility under the Animals for Research Act; e) apound 3.3. The owner of a dog in the Township of Chatsworth shall within one week after the dog comes into their possession cause the dog to be registered and licensed at the Municipal office for the Township of Chatsworth for the balance of the calendar year. 3.4 Every person who is the owner of a dog greater than six (6) months old at any point in the year shall, on or before the 1st day of March in each and every year (or immediately after the dog reaches six (6) months of age where that takes place after March 1st) cause such dog to be registered and shall procure a tag therefor. Such registration shall expire on the 31st day of December each year in which the same was issued. 3.5 Every owner of a dog shall cause a dog tag to be securely affixed on the dog at all times (until the tag needs replaced). The tag shall be supplied by the Township upon the payment of the registration fee as set out in the Consolidated Fees By law. 3.6 A dog tag shall bear the serial number and no person shall remove the tag from a registered dog unless the dog is being lawfully used for hunting purposes. 3.7. Where the owner of a dog has been issued a current tag and license under this Bylaw, finds that the current tag has been lost, destroyed or mutilated, the owner may acquire, for the remainder of the license period, a replacement tag, upon producing proof of purchase of a valid license and upon payment of a fee as outlined in the Township's Consolidated Fee By Law. 3.8 The dog license fees pursuant to this Bylaw shall be those set out in the Township of Chatsworth Consolidated Fee By Law. 3.9 Dog tags shall not be transferable and shall expire and become void upon the sale, death or other disposal of the dog. The tag shall be returned to the Township so that the dog may be deleted from the register. 3.10 The Township shall keep a record of all dogs registered and tagged showing the owners name and address, description of dog and tag number. 3.11. The Animal Control Officer in any given year as directed, may attend the entire Township or a section of the Township to bring the dog registry up to date. 3.12 Those dog owners listed on the register will be invoiced in January annually as per the fees prescribed by the Municipal Consolidated Fee By Law. Dog Control By Law 4.0 KENNELS 4.1. Kennel Application 4.1.1 Every person making application to operate a Kennel shall pay an initial application fee to the Township as outlined in the Township's Consolidated Fees and Charges By Law and complete the prescribed application form and provide such information as may be required to properly consider the application. 4.1.2 Once the initial application is approved, the operator must renew the license on an annual basis by completing the prescribed application/renewal form and pay the annual renewal fee. 41.3 Prior to any licence being issued by the Township for Kennel, the applicant must supply verification satisfactory to the Township that the property where such kennel is to operate is designated under the Township's comprehensive zoning by-laws(s) or approval from Niagara Escarpment Commission to allow the operation of a commercial/boarding kennel and that the kennel complies with any requirements of the comprehensive zoning by-laws(s) and or other agency approvals for the operation of a commercial kennel. 4.1.4 Upon application for a Commercial Breeding Kennel licence the applicant must provide to the Township written confirmation that all dogs kept within the kennel are purebred dogs and are registered with the Canadian Kennel Club Inc., American Kennel Club or other Accredited affiliation and in accordance with the Code of Practice for Canadian Kennel Operations, Canadian Veterinary Medical Association, Second Edition, May 2007". 4.2. Kennels - General 4.2.1 Notwithstanding the provisions of section 4.1 of this by-law an individual who owns more than three (3) dogs, that may or may not be purebred, at their place of residence but does not breed any of these dogs for sale to the public as a commercial undertaking shall apply and pay an annual licence fee to obtain a Kennel Licence from the Township. 4.2.2 Every person who owns or operates a Kennel shall comply with the requirements set out in "A Code of Practice for Canadian Kennel Operations" Canadian Veterinary Medical Association, Second Edition. May 2007". 4.2.3 After giving notice in writing, the Township may at any time suspend or revoke a Kennel Jicence for a failure by the holder thereof to comply with this by-law. Such grounds for cancellation shall include but not be limited to unresolved problems of noise, sanitation, care of dogs, or uses other than permitted by the Kennel licence, as determined by the Township in its sole discretion. 4.2.4 The written notice described in 4.2.4 shall be delivered in person or mailed by prepaid registered mail to the registered owner of the Kennel. 4.2.5 No person shall operate or continue to operate a Kennel without a valid licence. 4.2.6 All Kennel licences shall be valid for one calendar year or applicable portion thereof. 4.2.7 Kennel licences shall only be issued by the Clerk of the Township or any staff member acting under the Clerk's direction. 4.2.8 The owner, operator or manager of a Kennel shall reside on the property on which the Kennel is located. Dog Control By Law 4.3 Kennel Conditions 4.3.1 Every person who applies for and receives a kennel license or operates Boarding/Breeding facilities for dogs shall comply with the following requirements: a) The kennel building shall be in a separate building and shall not be attached to any building used or capable of being used for human habitation. b) The kennel building and its location shall conform to the zoning by-law or approval authority for land use (ie. Niagara Escarpment Commission) and the Ontario Building Code and the building shall be maintained in damage- free condition. c) | The kennel building shall have a floor of concrete or other impermeable material, and shall have a drain opening constructed as a plumbing fixture. d) The kennel floor shall be thoroughly cleaned daily, or more often if necessary. e) Any cage shall be adequately sized to allow the animal to extend its legs to their full extent, to stand, sit, turn around, or lie down in a fully extended position. f) Cages are to be constructed solely of metal, or wire, or partly of wire, and shall have metal or other impermeable bottoms, which shall be cleaned and washed daily, or more often, if necessary. g) The kennel building shall have: (i) -- electric lighting; (i) | windows which may be opened for proper ventilation; (iii) a heating system sufficient to adequately heat the building if required; (iv) hot and cold running water; and (vy) a food preparation area. (vi) Where animals are permitted to use an outside area, there shall be constructed around such area, a chain link fence having a height of at least 2.6 metres (eight feet) the wall of an adjacent building may be included as part of such fenced-in area. (vii) A manure receptacle for the storage of dog waste. All kennel owners shall comply with the provisions of Part V of the Environmental Act, R.S.SO. 1990 and all regulations thereto with respect to waste management systems, including but not limited to the collection and disposal of waste. 4.3.2 Every person who holds a kennel license or operates Boarding/Breeding facilities for dogs, shall comply with the following requirements: a) The license 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 sanitary, well bedded, well ventilated, naturally 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. 4.3.3 The Animal Control Officer and any person designated may inspect any place where the dogs are kept, pursuant to this by-law. 4.3.4 lf the kennel is found not to conform, to the requirements set out herein, the Animal Control Officer may direct that the animals be seized and impounded and may revoke the license issued to the kennel as established in 4.2.4 and 4.2.5. Dog Control By Law 4.3.5 Breeding Kennel Conditions: In addition to the conditions set out in Section 4.3, every breeding kennel shall: a) Maintain the whelping bitch in separate accommodations from the balance of the dogs in the kennel; b) | The whelping box shall be constructed with four sides and a floor made from impermeable materials; c) Provide adequate supplemental heat at all times; d) Provide sufficient designated space for the proper enrichment and socializing of puppies to be offered for sale. 44 Kennel Inspections 4.4.1 Every person who holds a Kennel licence or the owner/operator of a Kennel shall at all reasonable hours, ensure the Kennel is open to inspection by the Animal Control Officer and/or the Ontario Society for the Prevention of Cruelty to Animals, Police Officer, any such other person as may be appointed by Council upon the production of proper identification, or any other person authorized to do so under any Provincial or Federal Legislation. 4.4.2 Every person who holds a Kennel licence or the owner/operator of a Kennel shall post the licence in a prominent place in the Kennel and shall, when so requested by the Animal Control Officer or any person authorized by the Township, produce such licence for inspection. 4.4.3 lf, after a written request to be granted access to a Kennel as per Section 4.4.1 of this by-law, an owner has not granted access to the Animal Control Officer, the Kennel licence may be suspended or revoked by the Township in its sole discretion. 4.4.4 Where the Animal Control Officer finds that the owner or operator of a Kennel does not comply with any regulation in this by-law, he or she may direct that the animals at the Kennel be seized and impounded by the Pound-keeper. 5.0 POUNDS 5.1 Council shall from time to time designate a place or places for the establishment, maintenance and operation of facilities for the impounding of domestic animals within the Township of Chatsworth which shall be identified as the Pound or Pounds. The Walkerton Hanover Veterinary Clinic has been established as the primary pound within the Township of Chatsworth. 5.2 Council shall from time to time appoint by resolution or by-law, a Pound keeper to maintain and operate the Pound or Pounds established pursuant to this Bylaw. 5.3. Any Pound keeper in charge of the Municipal Pound will impound and detain all dogs delivered to him/her by the Animal Control Officer and shall fumish them with sufficient food, water, shelter. 6.0 IMPOUNDING 6.1. The Animal Control Officer or Police Officer may seize and impound any dog which is found by him/her or identified to him/her to be at large within the Township. 6.2. The Animal Control Officer or Pound keeper may, upon seizure and impoundment of the dog, inform the dog's owner, if known, that their dog has been seized and impounded. Dog Control By Law 6.3 Impounded dogs shall be kept in the Pound for a minimum period of seventy two (72) hours unless claimed by Owner. 6.4 If an impounded dog is not claimed within the three days of the day on which the animal was impounded, excluding the day it was impounded, Saturday, Sunday and Statutory holidays, the Pound keeper may, on the expiration of this period, destroy or place such animal up for adoption or sale. 6.5 Where a dog is seized or impounded it will not be released until pound and maintenance charges have been paid, plus any penalties that may be outstanding. 6.6 The Pound keeper, upon receiving a certificate or other written verification from a qualified veterinarian that an impounded dog is suffering from infectious or contagious disease, or is seriously injured causing undue pain and suffering, may immediately, destroy that impounded dog. 6.7 The Pound keeper or Animal Control Officer may, upon receipt of a dog delivered to him/her by a Peace Officer deal with that dog in the same manner as other dogs seized and retained by him/her pursuant to this Bylaw. 6.8 The Pound keeper shall maintain a log book, in which he/she shall record the description of every dog impounded, the name of the person who impounded the dog, the time and location of the impoundment, the fees owing and the manner in which the impounded dog has been disposed of. 6.9 The impoundment fees and maintenance fees for dogs, shall be those set out in agreement with the pound/pound keeper. 6.10 No person shall keep, harbor or have in their possession any dog suffering from any infectious or contagious disease, unless such dog is in isolation and under treatment for the cure of such disease. 7.0 D RUNNING AT LARGE 7.1. No owner of a dog shall allow or permit such dog to Run at Large in the Township of Chatsworth. 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. 7.2 The Animal Control Officer may capture any dog Running at Large and cause it to be impounded or return same to its registered owner, in the sole discretion of the Animal Control Officer. Should the dog be retumed to the Owner, a ticket may be issued to said Owner. 7.3. The Owner of every dog impounded, if known, and whether or not the dog is claimed by the Owner from the Pound, shall be liable for the payment of the Pound's fees as determined by the Pound keeper and shall pay all fees on demand to the Pound- keeper. 7.4 A dog shall not be considered to be running at large if it is a Guide Dog, a Police Work Dog or a hunting dog accompanied by the harbourer or other responsible adult and is actively engaged or hunting or training for hunting, on unposted land, or on posted land with the permission of the owner thereof. 7.5 Any dog known or suspected to be rabid shall be immediately destroyed by its Owner or by someone appointed by the Animal Control Officer to do so, in such a manner that the dog's brain is not damaged. Thereafter, the head of the dog shall be submitted by its Owner or by the Animal Control Officer to a laboratory for diagnosis. 7.6 Where a dog captured under this section is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer, or other duly appointed Officer, in his or her sole discretion may Dog Control By Law destroy the dog in a humane manner as soon after capture as he or she thinks fit without permitting any persons to reclaim the dog or without offering it for sale, and in such an event no damages or compensation shall be recovered on account thereof. 7.7 Where a dog is alleged to have bitten any person, such dog may be impounded and held by the Animal Control Officer until proceedings under the Dog Owners' Liability Act have been followed provided that no dog so impounded shall be held for a period in excess of twenty-one (21) days unless otherwise ordered by the Provincial Judge. 8.0 DOG WASTE 8.1 Every person who owns, harbours, possesses or is in control of any dog shall remove forthwith and dispose of any excrement left by said dog on any property in the Township, other than the premises of the Owner of the dog. 9.0 DANGEROUS DOGS 9.1. The Owner of a dog shall exercise all reasonable precautions to prevent the dog from: a) _ biting or attacking a person or domestic animal; or b) behaving in a manner that threatens or poses a menace to the safety of persons or domestic animals. 9.2 Every Owner of a dog that has bitten a person or a domestic animal shall ensure that said dog is muzzled or leashed while said dog is on any property in the Township, including the premises of the Owner of the dog. 9.3 Where the Owner of a dog objects to the muzzling or leashing requirement set forth insection 9.2 above, the Owner may request and is entitled to a Hearing by the Council of the Township of Chatsworth. Tne Council may, by Resolution, delegate the holding of the aforesaid Hearing to a Committee of Council or to the Animal Control Officer. Council or Committee of Council or the Animal Control Officer, if so delegated, may, in its/his/her sole discretion, uphold the provisions of section 9.2 above or exempt the Owner, with or without conditions, from the muzzling or leashing requirements contained in section 9.2 above. 9.4 Every Owner of a Dangerous Dog shall keep it indoors or in a secured yard that prevents the dog from escaping over or under the fence or by any other means, and that prevents access by the public. Dangerous Dogs shall not be confined only by a chain or tether. 9.5 Owners shall post warning signs clearly and visibly on the property where a Dangerous Dog is kept. 9.6 The Animal Control Officer may seize a dog in a public place if the officer believes on reasonable grounds that: a) | the dog has on one or more occasions bitten or attacked a person or domestic animal; b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals; c) | anowner of the dogs has on one or more occasions failed to exercise reasonable precautions from carrying out Section 9.6 (a) or (b) as described above; d) the dog is a restricted pit bull and an owner of the dog has on one or more occasions failed to comply with one or more if the requirements of this Act or the regulations respecting pit bulls e) the dog is a pit bull other than a restricted pit bull; or f) there is reason to believe that the dog may cause harm to a person or domestic animal. Dog Control By Law 10.0 PROHIBITION OF CRUELTY TO ANIMALS 10.1 No person shall keep any domestic animal unless the animal is provided with: a) Clean potable drinking water in spill proof containers at all times and suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight; food and water receptacles kept clean and disinfected and located so as to avoid contamination by excreta; b) the opportunity for periodic exercise sufficient to maintain good health; c) necessary veterinary medical care when the animal exhibits signs of pain or suffering. 10.2 No person shall keep any domestic animal which normally resides outside, or which is kept outside for short to extended periods of time, unless the animal is provided with outside shelter. The shelter must be weatherproof with an exterior windbreak and exterior door flap. The shelter door must face away from the prevailing wind and must be elevated off the ground. The shelter must be insulated: a) to ensure protection from heat, cold and wet; b) that is appropriate to the animal's weight and type of coat; c) that provides sufficient space to allow any animal the ability to turn about freely and to easily stand, sit and lie in a normal position; d) thatis at least 1 1/2 times the length of the animal and at least the animal's length and width, and at least as high as the animal's height measured from the floor to the highest point of the animal when standing in a normal position plus 10%; e) that provides sufficient shade to protect the animal from the direct rays of the sun at all times; f) that is regularly cleaned and sanitized and all excreta removed at least once a day. 10.3 No person shall cause a domestic animal to be hitched, tied or fastened by any rope, chain or cord that is directly tied around the animal's neck on to a choke collar. 10.4 No person shall cause a domestic animal to be confined in an enclosed space, including a car, without adequate ventilation. 10.5 No person shall allow any domestic animal to suffer from any infectious disease. 11.0 MISCELLANEOUS MATTERS 11.1. The Township, its agents and servants and a Pound-Keeper shall not be liable for damages or compensation for any dog killed under the provisions of this By-law and no such damages or compensation shall be paid to any person. 11.2 The provisions of this By-law are severable and if any provisions of this By-law should, for any reason, be declared invalid or unenforceable by any court, the remaining provisions of the By- law shall remain in full force and effect and be interpreted in such a manner as the context permits in order to carry out their intent. 12.0 PENALTIES 12.1 Every person who contravenes any provisions of this By-law is guilty of an offence; and, a) in the case of person who is not a corporation, upon conviction therefore is liable to a fine or penalty of not more than Ten Thousand ($10,000.00); b) in the case of a corporation, upon conviction therefor is liable to a fine or penalty of not more than Sixty Thousand Dollars ($60,000.00). Dog Control By Law 12.2 The Animal Control Officer may enter, at all reasonable times, upon any property subject to the regulations of this Bylaw in order to ascertain whether such regulations or directions are being obeyed. 12.3 Any person convicted of an offence under this by law may be liable to a penalty pursuant to s. 61 of the Provincial Offences Act R.S.O., 1990, c. P. 33 13.0 ENACTMENT 13.1 Repeal - By-Law #2005-28 is hereby repealed 13.2 Effective Date -- This by-law shall come into force and effect upon final passage thereof. Read a first and second time this 1** day of May, 2019 Read a third time, and finally passed this 1%* day of May, 2019. L Scott Le Mayor Patty Sinnamon, CAO Cierk The Corporation of the Township of Chatsworth By-law 2019-32: Dogs and Kennels Set Fines Under Part 1 Provincial Offences Act COLUMN 2 COLUMN 1 Provision Creating or COLUMN 3 ITEM Short Form Wording Defining Offence Set Fine 1 Failure to license dog Section 3.1 "s 125.00 2 Keep more than 3 dogs Section 3.2 S 125.00 3 Fail to affix dog tag Section 3.5 Ss 125.00 4 Removal of dog tag Section 3.6 § ----«- 125.00 5 Failure to pay Commercial Breeding/Boarding Kennel license fee Section 4.1.2 S 125.00 6 Failure to pay kennel license fee Section 4.2.1 S 250.00 7 Operate a kennel without a license 'Section 4.2.5 ie i * 250.00 8 Failure to reside on kennel property Section 4.2.8 S 250.00 5 Failure to comply with standards for kennel construction Section 4.3.1 ; ed 250.00 10 =' Fail to display kennel license Section 4.3.2(a) S 250.00 11 Fail to maintain kennel in sanitary condition 'Section 4.3.2(b) S$ 250.00 12 Keep animals in unsanitary condition a Section 4.3.2(c) _ _ t& "3 250.00 13' Fail to adequately feed animals _ oe 7 Section4.3.2(d) > = 125.00 14 + Failure to permit Kennel inspection -- Section 4.4.1 - - ; = St 125.00 15 Allow dog to run at large 7 Section 7.1 ae --_-- $ 250.00, 16 Failure to remove dog waste - ~ Section 8.1 _ Ss 250.00 17_'Failto reasonably prevent dog from biting/attacking _-- Section 9.1 _--_ oi : 250.00 | 18 ~~ Failure to provide adequate food, water, exercise and adequate . =-- -- -- -- i health care Section 10.1 S 250.00 19 =' Failure to provide adequate shelter Section 10.2 ; S 250.00 20 Improper use of a restraint 'Section 10.3 S 250.00 21 Improper confinement Section 10.4 S 250.00 The Corporation of the Township of Chatsworth By-law 2019-32: Dogs and Kennels Set Fines Under Part 1 Provincial Offences Act Note - The general penalty provision for the offences listed above is Section 12.3 of By-law 2019-32, a certified copy of which has been filed. PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act dnd 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. 2019-32, of the Township of Chatsworth, attached hereto are the set fines for those offences. This Order is to take effect May 21, 2019. Dated at London this 215! day of May, 2019. "~~ Jeanine E. LeRoy Regional Senior Justice West Region