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BY-LAW NO.11-18
BEING A BY-LAW OF THE TOWNSHIP OF COLEMAN
TO REGULATE THE KEEPING OF ANIMALS AND THE
REGISTRATION OF DOGS
WHEREAS in accordance with Section 130 of the Municipal Act, S.O. 2001, Chapter M. 45,
Part VII as amended, council may pass such by-laws of the municipality in matters not
specifically provided for by the Act as may be deemed expedient and not contrary to law.
AND WHEREAS in accordance with Section 103 of the Municipal Act, S.O. 2001, Chapter M.
45 as amended, council may pass such by-laws of the municipality with respect to the being at
large or trespassing of animals.
AND WHEREAS the Council of the Corporation of the Township of Coleman deems it
expedient to regulate the keeping and control of animals in the Township of Coleman.
NOW THEREFORE the Council of the Corporation of the Township of Coleman enacts as
follows:
PART I - GENERAL
1. DEFINITIONS
1.1.
AID DOG shall mean a dog that is trained to aid the handicapped and is actively in use
for such purpose.
1.2.
ANIMAL CONTROL OFFICER means a person appointed by Council as a Municipal
By-law Enforcement Officer to enforce the provisions of this By-law and includes a
police officer.
1.3.
ANIMAL SHELTER shall mean the premises designated by the Corporation of the
Township of Coleman that are used for the detention, maintenance or disposal of animals
that have been impounded pursuant to this By-law. The operation and maintenance of the
designated Animal Shelter shall be the responsibility of the Animal Control Officer.
Animal Shelter and Impound Centre shall have like meaning.
1.4.
AT LARGE means to be found in any place other than the premises of the owner of the
dog or cat and not under the control of a person in such a manner as to prevent escape.
1.5.
CAT means a male or female feline of any breed of domesticated cat or crossbreed of
domesticated cat.
1.6.
TOWNSHIP means the Township of Coleman.
1.7.
CONTROL includes care and custody.
1.8.
COUNCIL means the Council of the Township of Coleman.
1.9.
DOG means a male or female of the domesticated canine species
1.10. DOG TAG means a dog tag issued pursuant to this By-law.
1.11. DWELLING UNIT means one or more rooms connected together as a self contained,
separate unit in the same building comprising all or part of the building and constituting
an independent housekeeping unit for residential occupancy by persons with facilities for
persons to sleep, cook and eat and including its own sanitary facilities.
1.12. KEEPS means to own, keep, harbour, maintain or feed a cat or dog.
1.13. LEASHED shall mean a restraining device securely attached to the dog and person or
object.
1.14. MEDICAL OFFICER OF HEALTH shall mean the Medical Officer of Health for the
Timiskaming District.
1.15. MICROCHIP means an approved "Canadian Standard" encoded identification device
implanted into a dog or cat which contains a unique code that permits or facilitates access
to owner information, including the name and address of the owner, which is stored in a
central data base.
1.16. MUZZLE means a humane fastening or covering device over the mouth of a dog and of
sufficient strength to prevent the dog from biting.
1.17. OWNER includes any person who keeps, possesses, harbours a dog or cat and, where the
owner is a minor, the person responsible for the custody of the minor and "owns" has a
corresponding meaning.
1.18. POLICE WORK DOG means a dog trained to aid law enforcement officers and used by
such officers in the execution of their duties.
1.19. PREMISES means the entire lot on which a single dwelling unit building or a multi-
dwelling unit building is situate.
1.20. PUBLIC PROPERTY includes all lands owned by the Township, any local boards, any
corporations owned or controlled by the Township or Conservation Authority and
includes all Crown lands.
1.21. OFFICE means the person authorized by this By-law to administer and enforce this By-
law, and where applicable, shall be deemed to include an agent appointed by the Office to
perform that task or exercise that power under this By-law.
1.22. SPORTING DOG shall mean dogs of various breeds raised, kept and trained to
participate in sporting activities and competitions including, but not limited to "dog
shows", "trials for retrievers", "tracking dogs", "sled dog races" and the "hunting of
game".
1.23. TAG in reference to a dog means a dog tag.
1.24. VETERINARIAN means a person registered or licensed under the Veterinarian
1.25. VICIOUS DOG means a dog that has attacked without provocation or bitten a person or
domestic animal as determined by the Animal Control Officer in accordance to Section
21 herein.
2. OFFICE
2.1.
The Animal Control Officer for the Township shall be the Office pursuant to this Bylaw.
2.2.
The Office is responsible for the issuance of tags and may, from time to time appoint
necessary. The Office may revoke any such appointment in writing for such reason as the
Office in his or her sole discretion may determine.
3. APPLICATION
Except as otherwise provided, this By-law shall apply to every person in the Township of
Coleman.
PART II - DOGS
4. REQUIREMENT TO REGISTER
4.1.
Except as provided to the contrary in this By-law, every owner of a dog shall register the
dog with the Office on or before January 31st in each year that he or she is the owner of
that dog.
4.2.
Subject to Subsection 4(3), every person who becomes the owner of a dog after January
31st in any year; shall register the dog with the Office within 7 days of becoming the
owner of the dog and on or before January 31st in each year thereafter.
4.3.
Despite Subsections 4(1) and 4(2), no person need register a dog before the dog reaches
the age of 8 weeks. The onus of proof of the age of the dog or cat shall rest with the
owner.
4.4.
The registration of a dog shall expire upon the earliest of:
a)
the transfer of ownership of the dog for which it was issued;
b)
death of the dog for which it was issued; and
c)
December 31st of the year in which it was issued.
5. REGISTRATION PROCESS
5.1.
Every person who applies to the Office to register a dog, shall:
a)
provide the name, address, telephone number of the owner of the dog,
b)
provide a description of the dog;
c)
provide such other information or documentation as may be required by the Office;
d)
unless subject to an exception under Subsection 5(2) or 5(3) shall pay a registration
fee of:
5.1.d.1.
$10.00 to register a spayed or neutered dog for a calendar year;
5.1.d.2.
$20.00 to register a non-spayed or non-neutered dog for a calendar year;
5.1.d.3.
$50.00 to register a shelter/kennel for three or more dogs
5.2
The registration fee otherwise payable to register a dog shall be reduced to nil provided
the owner of the dog produces to the Office, at the time of registration, evidence
satisfactory to the Office that the dog is:
a)
a seeing eye dog and is used in the Township by the owner of the dog or by a minor
child forming part of the family of the owner of the dog;
b)
a hearing ear dog and used in the Township by the owner of the dog or by a minor
child forming part of the family of the owner of the dog; or
c)
a police work dog.
5.3
No registration fee or any part thereof shall be refunded for any reason.
5.4
Upon the applicant providing all information and documentation required by the Office,
and paying the appropriate registration fee, the Office shall register the dog and shall
issue to the applicant a dog tag as the case may be, which bears a unique serial number,
shows the year of issue and such other information as may be determined by the Office.
5.5
Every owner of a registered dog shall advise the Office in writing within 7 days
thereafter, of:
a) a change of address or phone number of the owner of the dog; and
b) the death or sale or other transfer of ownership of the dog.\
5.6
The Office shall have the right to cancel the registration of a dog in the event that the
registration fee is not paid in full, through error, as a result of a cheque being returned
marked Not Sufficient Funds, or for any other reason.
6. RESERVED
7. DOG TO WEAR TAG
7.1.
Every owner of a dog, whether or not that dog has a microchip implanted shall, subject to
subsection 7(2) keep the tag securely fixed on the dog for which it was issued, at all times
during the year of issue.
7.2.
Despite Subsection 7.1, an owner need not keep the tag on his or her dog:
a)
while the dog is within the dwelling unit or on the premises of its owner
b)
while the dog is being lawfully used for hunting in the bush, and the license is
produced upon request of an Animal Control Officer; or,
c)
where a veterinarian has determined it is necessary to remove the tag for medical
treatment of that dog.
7.3
No person shall remove a tag from a dog without the consent of the owner thereof.
7.4
No person shall attach a tag to a dog other than the dog or cat for which it was issued.
7.5
Every tag issued by the Office remains the property of the Township and in the event the
registration of a dog is cancelled by the Office, the tag shall be surrendered to the Office.
8. REPLACEMENT TAGS
The Office shall issue a replacement dog tag to the owner of a registered dog or cat upon
application of the owner, provision of evidence satisfactory to the Office that the tag was lost or
damaged and payment of the fee of $5.00 for the replacement tag.
9. OFFICE'S RECORDS
9.1.
The Office shall maintain records of all dog tags, and replacement tags issued by the
Office in each calendar year and shall update such records as additional information is
received.
9.2.
The records shall include: the name, address and phone number of the owner of the dog;
a description of the dog; the serial number of the dog tag issued for that dog; the fee paid;
the particulars of any evidence provided in support of a fee reduction; and such other
information as the Office in his or her sole discretion determines to be necessary.
PART III- NUMBERS OF DOGS AND CATS
10. LIMITATION ON NUMBERS
10.1. Except as otherwise provided in this By-law, no person shall keep or permit in or about
any dwelling unit or premises more than three dogs or more than three cats, provided
however, that the combined maximum of dogs and cats together shall not exceed four.
10.2. Notwithstanding subsection 10.1 a person may keep or permit in or about a dwelling unit
or premises:
a)
maximum of three dogs temporarily in a dwelling unit for a continuous period not
exceeding forty-eight hours; or
b)
a maximum of five cats temporarily in a dwelling unit for a continuous period not
exceeding forty-eight hours; or
10.3
Subsections 10.1 and 10.2 shall not apply to dogs or cats under the age of eight weeks.
10.4
Notwithstanding subsection 10.1, a person may keep about a dwelling unit or premises
every dog or cat which was duly licensed in accordance with an animal control by-law
which was in effect the day before the effective date of this By-law in the area in which
the dwelling unit or premises is located, until the earliest of the death of the dog or cat;
the owner otherwise disposes of the dog or cat; or the owner fails to register the dog or
cat in accordance with this By-law.
PART IV - DOGS AND CATS RUNNING AT LARGE
11. RESERVED
12. RUNNING AT LARGE
12.1. No owner of a dog or cat shall cause, allow or permit a dog or cat he or she owns to run
at large within the limits of the Township.
12.2. No owner shall permit a dog or cat to run at large that is not within the dwelling unit or
on the premises of its owner or on private property without the consent of the owner of
that private property.
12.3. No owner shall permit a dog or cat to run at large that is not under the effective control of
a responsible person.
12.4. All owners shall ensure that a dog or cat is on a leash of not more than 2 metres in length
which is held under the effective control of responsible person.
13. OWNER NOT TO PERMIT TRESPASS
No owner shall allow or permit his or her dog or cat to trespass on private property whether on a
leash or not.
PART V - SEIZE AND IMPOUND
14. ANIMAL CONTROL OFFICER MAY SEIZE
14.1. Subject to subsection 14.2, an Animal Control Officer may seize and impound any dog or
cat found running at large.
14.2. A dog shall not be considered to be running at large if it is a police work dog, and is
being used in the course of police duties, or it is a hunting dog accompanied by the owner
or other responsible adult and is actively engaged in hunting or training for hunting, on
un-posted land or on posted land with the permission of the owner.
14.3. An Animal Control Officer may enter on any private property without the consent of the
owner of the property, for the purpose of discharging the duties imposed by this by-law
and to enforce its provisions, without a search warrant, provided he or she is in active
pursuit of a dog or cat, enter upon the private property of any person for the purpose of
continuing his or her pursuit of the dog or cat, provided that in no instance shall any
such agent of the Corporation enter into any dwelling unit or other building situated on
private property without a Search Warrant authorizing such entry.
14.4. Where, in the opinion of the Animal Control Officer, a dog or cat seized under subsection
14.1 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 his or her designate or agent,
despite subsection 14.5 may kill the dog or cat in a humane manner as soon after seizure
as he or she thinks fit without permitting any person to reclaim the dog or cat or without
offering it for sale and no person shall be entitled to recover damages or compensation on
account of its killing.
14.5. Subject to Subsection 14.4, any dog or cat seized by an Animal Control Officer under this
By-law shall be impounded for 3 days from the time of its impoundment, exclusive of the
day on which the dog or cat was impounded, and days on which the impound centre is
closed, provided however, that if the dog seized is a female dog in heat, the dog shall be
impounded until the earlier of the day the dog is no longer in heat and 21 days.
14.6. During the impound period referred to in subsection 14.5, the owner of the dog or cat
shall be entitled to redeem the dog or cat upon:
a) payment of the impound fee and board fee in an amount determined in accordance with
Schedule "A" to this By-law;
b) payment of any veterinarian fees incurred for the well-being of the dog or cat; and
registering the dog or cat in accordance with this By-law if there is no evidence the
dog is already registered. When no prove can be shown that the dog is not registered
the appropriate license fees shall be doubled.
14.7
If the dog or cat is not redeemed within the time frame specified in subsection the Animal
Control Officer may dispose of the cat or dog as it sees fit without liability to any person
for the disposition of the dog or cat or the manner thereof.
15 PROTECTIVE CARE
15.1
The Animal Control Officer is authorized, upon request of a police officer, to impound a
dog or cat for protective care purposes, pursuant to an incarceration, fire, medical
emergency or for any other situation that the Animal Control Officer deems appropriate
and to keep such animals for a maximum of five days.
15.2
In the event that the owner of the dog or cat impounded for protective care does not claim
the dog or cat and pay the impound fees, board fees and veterinarian fees in accordance
with Schedule "A" to this Bylaw, within five days, then on the sixth day, the dog or cat
shall be deemed to have been impounded as running at large in accordance with Section
14 and time under subsection 14.5 shall begin to run.
16 IMPOUND FEES
Where a dog or cat is seized and impounded, or impounded for protective care, the owner, if
known, shall be liable for the impound fees, board fees and veterinarian fees in an amount
determined in accordance with Schedule "A" to this By-law, whether the dog or cat is claimed
from the pound or not and shall pay all fees on demand by the Animal Control Officer. In
appropriate humanitarian circumstances, as determined by the Animal Control Officer, the
Animal Control Officer, may, in his or her discretion, waive all or part of the impound fees,
board fees and veterinarian fees, or provide for delayed or installment payments of same.
PART VI - STOOP AND SCOOP
17. REQUIRED TO STOOP AND SCOOP
Subject to Section 18, every person who owns or keeps a dog or cat shall forthwith remove and
dispose of excrement left by the dog or cat on any public road, on Township owned lands, or on
any property in the Township, without the consent of the owner of that property.
18. EXEMPT FROM REQUIREMENT
Section 17 shall not apply to a person who owns or uses a seeing-eye dog registered with the
Canadian National Institute for the Blind or a working police dog.
PART VII - NOISE
19. OWNER NOT TO PERMIT NOISE
The owner of a dog or a cat shall not permit or allow the dog or cat to make or continue to make
any sound which has the effect of disturbing the peace, quiet, comfort or repose of any
individual.
PART VIII -VICIOUS DOG
20. NO OWNER SHALL PERMIT ATTACK
20.1
No owner of a dog shall permit his or her dog to attack without provocation or to bite a
person or domestic animal.
20.2
Where the Animal Control Officer is informed upon written complaint, and is satisfied
that a dog has attacked without provocation or bitten a person or domestic animal, and
has further been provided with satisfactory evidence as to the name and address of the
owner of the dog, the Animal Control Officer shall serve notice on the owner of the dog
that the dog is deemed to be a vicious dog and requiring the owner to comply with any or
all of the requirements set out in Subsections 20.4 and 20.5.
20.3
Service of notice that a dog has been deemed a vicious dog may be effected on the person
who shows in the Township's records as the owner of the dog, or where the dog does not
appear to be registered pursuant to this By-law, on such other person who appears to be
the owner of the dog. Service may be effected by personal service, by mail or by posting
up in a conspicuous place at the address shown in the records of the Township as the
address for the owner of the dog, or where the dog is not registered under this By-law, at
such address as appears to be the address of the owner of the dog. Service of the notice
shall be effective upon the date that personal service is effected, or where served by mail
or by posting, shall be deemed effective on the third day after mailing or posting as the
case may be.
20.4
Every owner of a vicious dog shall at all times when the vicious dog is not in the owner's
dwelling unit, but otherwise within the boundaries of the owner's premises, ensure that:
a) the vicious dog is muzzled so as to prevent it from biting a person or domestic
animal; and
b) the vicious dog is securely leashed on a leash which does not allow it to go beyond
the property line of the owner's lands.
20.5
Every owner of a vicious dog shall at all times when the vicious dog is not within the
boundaries of the owner's premises:
a) keep the vicious dog under the effective control of an adult person on a leash held
by the person; and
b) keep the vicious dog muzzled.
20.6
Every owner of a vicious dog shall notify the Office within two working days of any
change in ownership or residence of the vicious dog and provide the Office with the new
address and telephone number of the owner.
20.7
Where the owner of a vicious dog is informed that his or dog has been deemed to be a
vicious dog, the owner may, within 14 days of such notice, request in writing a hearing
by Council or committee established for that purpose and Council may exempt the owner
from the muzzling or leashing requirement, or both such requirements or may modify the
conditions for muzzling or leashing.
20.8
The notification that a dog is a vicious dog is effective from the date it is served, even if a
hearing before Council is requested by the owner of the dog affected.
PART X - ENFORCEMENT
21. CONTRAVENTION
Every person who contravenes any of the provisions of this By-law is guilty of an offence and
upon conviction is liable to pay a fine as provided for in the Provincial Offences Act, R.S.O.
1990, c. P.33.
22. INTERFERENCE
No person shall interfere with, hinder or molest an agent of the Corporation in the performance
of any duty of such agent, or seek to release any animal in the custody of the Corporation, or its
agents, except as herein provided.
PART XV - SCHEDULE "A"
23. SCHEDULE "A"
Schedule "A", being a Schedule of Fees, attached hereto is hereby incorporated into and forms a
part of the within By-law.
PART XVI - SHORT TITLE AND REPEALS
24. SHORT TITLE
This By-law shall be known as the "Animal Control By-law".
25. REPEALS
The following By-laws are hereby repealed:
a) By-law 01-01
26. LIMITS OF REPEAL
Where a By-law of The Corporation of the Township of Coleman is repealed by this By-law, the
repeal does not:
a) revive any By-law not in force or existing at the time of which the repeal takes effect;
b) affect the previous operation of any By-law so repealed;
c) affect any right, privilege, obligation or liability acquired, accrued, accruing, or incurred
under the By-law so repealed;
d) affect any offence committed against any By-law so repealed or any penalty or forfeiture
or punishment incurred in respect thereof; or affect any investigation, legal proceeding or
remedy in respect of such privilege, obligation, liability, penalty, forfeiture or
punishment.
27. PREVIOUSLY IN FORCE
The repeal of a By-law under Section 25 hereof shall be deemed not to be or involve a
declaration that the by-law was considered by the Council of the Township of Coleman to have
been previously in force.
28. This By-law shall come into effect and take force.
READ a FIRST and SECOND TIME this 20 day of June, 2011.
_______________________________
Mayor
_______________________________
Clerk
READ a THIRD and FINAL TIME this 20 day of June, 2011.
_______________________________
Mayor
_______________________________
Clerk
SCHEDULE "A" - FEES
TO BY-LAW
IMPONDMENT OR DISTRAINED Fee
Impoundment Fee
$ 20.00
Daily Boarding Fee
$ 15.00
Humane Services/Adoption Fee
$ 20.00
Euthanized Services Fee
$ 10.00
Disposal of Non-Impounded Animal Fee
$ 30.00
TAGS AND LICENSES - SECTION 5 Fee
Register Spayed or Neutered Dog under Sec. 5.1.d.1
$ 10.00
Register non spayed or non neutered Dog under Sec. 5.1.d.2
$20.00
Kennel Fee Dog before January 31st under Sec. 5.1 (d)
$50.00
Register Dog under Sec. 5.2
Nil
SCHEDULE "B"
TO BY-LAW
PENALTIES
Item #
Provision
Creating or Defining Offence
Set Fine
1
7.1
Failure to keep tag securely fixed on dog
$ 15.00
2
7.4
Attaching a tag to a dog other than the dog for
which it was issued.
$ 15.00
3
10.1
Keep more than a total number of animals
permitted
$ 15.00
4
12.2
Allow a dog or cat to run at large on private
property without consent of owner.
$ 15.00
5
12.3
Allow a dog or cat to run at large that is not under
the effective control of a responsible person
$ 15.00
6
12.4
Failure to ensure that a dog or cat is on a leash of
not more than 2 metres in length under the control
of a responsible person
$ 15.00
7
17
Failure to remove and dispose of excrement left by
dog or cat on any public road, Township property,
or private property, without consent
$ 15.00
8
20.1
Failure to prevent dog from attacking without
provocation
$ 35.00
9
20.4 a)
Failure to ensure that a vicious dog is muzzled so
as to prevent biting
$ 35.00
10
20.4 b)
Failure to ensure that a vicious dog is securely
leashed which does not allow the dog to go
beyond the property boundaries
$ 35.00
11
20.5 a)
Failure to keep vicious dog under effective control
on a leash outside boundaries of owner's premises
$ 35.00
12
20.5 b)
Failure to keep vicious dog muzzled outside
boundaries of owner's premises.
$ 35.00
13
20.6
Failure to notify change of ownership or location
of a vicious dog within 2 days.
$ 15.00