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This is a consolidation of the City of Clarence-Rockland Dog Licensing By-law
No. 2015-180. This version contains the following amending By-laws:
-
2018-105
This consolidation of the By-law is current to June 2018.
CORPORATION OF THE CITY OF CLARENCE-ROCKLAND
BY-LAW 2015-180
A BY-LAW TO PROVIDE FOR THE LICENSING OF DOGS AND
THE REGULATING OF THE KEEPING OF DOGS
WHEREAS Sections 8, 9, and 11 of the Municipal Act, 2001, S.O. 2001,
Chapter 25 and amendments thereto provides that every municipal Corporation
may pass by-laws for the purpose of governing its affairs as it
considers appropriate;
WHEREAS the Corporation of the City of Clarence-Rockland deems it
appropriate to actualize the by-law for the licensing of dogs and the
regulating of the keeping of dogs.
The Council of the Corporation of the City of Clarence-Rockland enacts as
follows:
1.
DEFINITIONS:
a)
Certified medical service dog means a dog that has been
certified by a reputable medical service dog trainer; (as amended
by By-Law 2018-105)
b)
Corporation
means
the
Corporation
of
the
City
of
Clarence- Rockland;
c)
Dog means a male or female dog member of the species
Canis familiaris.
d)
Kennel means any building or structure which is used to
maintain, board, breed, or train pure-bred dogs registered in
the Canadian Kennel Club Incorporated or any other lawfully
established kennel club.
e)
Medical service dog means a dog that is required, as
attested by a note from a medical doctor, by a person with a
disability for assistance and is certified, in writing, as having
been trained by a professional service animal trainer to assist a
person with a disability; (as amended by By-Law 2018-105)
f)
Medical service dog in training means a dog that is being
trained by or in consultation with a professional service animal
trainer to assist a person with a disability; (as amended by By-Law
2018-105)
g)
Municipal Law Enforcement Officer means a Peace Officer
for the purpose of enforcing municipal by-laws.
h)
Muzzled means to have securely affixed around the snout or
the mouth and the nose of a dog a device commonly
known
as
a
muzzle
manufactured
by
a
recognized
manufacturer of muzzles for dogs such that the dog when
muzzled will be prevented from biting a person or animal;
i)
Owner
of
a
dog
includes
any
person
who
owns,
possesses, harbours or has the care and control of a dog and the
words "owns" and "owned" have a corresponding meaning,
where the owner is a minor, the person responsible for the
custody of the minor;
j)
Person means an individual, a partnership, or a corporation,
to whom or to which the context can apply;
k)
Residential Zone means those areas designated as residential
in the zoning by-laws of the Corporation of the City of
Clarence- Rockland of the City of Clarence-Rockland;
l)
Running at large means a dog not on its owner's property,
that is off leash and not under the control of a professional dog
trainer or a handler of a certified medical service dog; (as
amended by By-Law 2018-105)
m)
Vicious dog means any dog which has bitten another
domestic animal or person without provocation.
2.
Every owner of a dog shall annually, not later than March 31 of each
year or within seven (7) days of becoming an owner of a dog, cause the
dog to be licensed with the Corporation. If the last day of registration
falls on a Saturday, Sunday, or a Holiday, the next working day shall
be the last day of registration.
3.
All licences and tags issued pursuant to this by-law shall be
serially numbered and a record of their issue shall be kept by the
municipal law enforcement officer. Such record shall set out the name
and address of the owner.
4.
At the time of registration, the owner\applicant shall be required to pay
to the Corporation the required licence fee as established in current fee
by- law.
4.1 - Notwithstanding section 4, medical service dogs shall be exempt
of licensing fees. (as amended by By-Law 2018-105)
5.
On payment of the licence fee for a dog, the owner shall be
furnished with a dog tag from the Corporation which shall bear the
serial number relating to the application, the name and address of
the owner and the year in which the tag is valid.
6.
The owner of a dog shall:
a)
keep the dog tag securely affixed on the dog for which it
was issued at all times until renewed or replaced but the tag
may be removed while the dog is being lawfully used for
hunting in the bush; and
b)
not use the tag upon a dog other than the one for which it
was issued.
7.
The set fee for the replacement of lost dog tags shall be that set out
as established in current fee by-law.
8.
Every person operating a kennel shall annually and not later than
March 31 in each year obtain a licence from the Corporation to operate
a kennel and shall pay the licence fee as established in current fee
by-law.
9.
Every licence for a dog issued hereunder is personal to the owner
thereof and may not be transferred.
10.
No person shall keep or allow to be kept in a residential zone of
the Corporation more than three (3) dogs.
10.1 - Notwithstanding section 10, the number of medical service
dogs shall not be calculated within the set limit; and the number of
medical service dogs in training shall be set at a maximum of 5. (as
amended by By-Law 2018-105)
11.
a) No person shall permit a dog owned by him or under his care
and control to run at large within the limits of the Corporation.
b) For the purposes of this section, a dog shall be deemed to
be running at large when found elsewhere than on the property
of the owner and not under the control of a competent and
responsible person and is not on a leash securely attached to
the owner and having a length of less than 2.4 metres (8 feet).
12.
a) Any dog found to be running at large may be seized and
impounded by the municipal law enforcement officer or any
person acting under his or her authority;
b)
The municipal law enforcement officer or any person acting
under his or her authority may kill any dog found running at
large if:
i)
he\she reasonably believes that the dog is likely to
cause imminent harm to any person or animal; or
ii)
the dog is injured or should be destroyed without delay
for humane reasons;
and no damage or compensation shall be recovered on the
account of such disposition.
13.
Any dog seized pursuant to section 12 a) of this by-law, shall be taken
to the municipal pound. Whether the dog is claimed or not, the owner
shall be liable for the pound and maintenance fee prescribed, and shall
pay all fees on demand by the Municipal Law Enforcement Officer.
(i)
Where, at the end of the said three (3) days, possession of the
dog
has not been restored to the owner, the Municipal Law
Enforcement Officer may destroy the dog in a humane
manner.
(ii)
the Municipal Law Enforcement Officer may sell the dog for
such price as established in current fee by-law, and no
damages or compensation shall be recovered on account of its
killing or other disposition.
14.
A release form can be obtained by the owner upon payment of the
fee established in current fee by-law. However if the dog does not
have a valid and subsisting licence, the owner shall be required to pay
in addition to the release fee, the licence fee as established in current
fee by-law.
15.
The owner of a vicious dog shall at all time, when it is not in the
owner's dwelling but otherwise within the boundaries of the
owner's lands, be secured in the following manners:
a)
the dog shall be muzzled so as to prevent it from biting a
person or animal.
16.
The owner of a vicious dog shall at all times when the dog is outside
the boundaries of the owner's lands keep the dog muzzled so as to
prevent it from biting a person or animal and securely leashed to the
owner of the dog.
17.
a) Every owner of a dog shall remove forthwith and dispose of
any excrement left by the dog on any property located in
the corporation.
b) The provision of Subsection 17 a) of this by-law does not apply
to a blind person accompanied by a dog used as a guide or lead
dog.
18.
No person shall obstruct, interfere or hinder the Municipal Law
Enforcement Officer or any person acting under his\her authority in
the lawful performance of his\her duties.
19.
Every person who contravenes any provisions of this by-law is guilty of
an offence and is subject to the provisions of the Provincial
Offences Act,R.S.O. 1990, Chapter P.33, and amendments thereto.
20.
Where any provision of this by-law is contravened and a
conviction entered, the court in which the conviction has been entered
and any court
of competent jurisdiction thereafter may make an order prohibiting
the continuation or repetition of the offence by the person convicted.
21.
It is declared that if any section, subsection or part(s) thereof be
declared by any court of law to be bad, illegal or ultra vires,
such section, subsection or part(s) shall be deemed to be separate
and independent and enacted as such.
22.
By-law
1998-04,
2002-21,
2011-211 and
amendments
are
hereby repealed.
23.
This by-law shall come into effect upon its adoption.
READ, DONE AND PASSED IN OPEN COUNCIL THIS 21ST DAY OF
DECEMBER 2015.
GUY DESJARDINS, MAYOR
MONIQUE OUELLET, CLERK