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THE CORPORATION OF THE TOWNSHIP OF CRAMAHE
BY-LAW NUMBER 2012-19
BEING A BY-LAW FOR THE LICENCING AND REGISTRATION OF
DOGS AND FOR THE REGULATION OF DOGS WITHIN THE
TOWNSHIP OF CRAMAHE.
WHEREAS pursuant to the Municipal Act 2001, S.O. c.25, Section 11(3) (9) municipalities have
the authority to pass by-laws with respect to animals;
AND WHEREAS the Dog Owners Liability Act R.S.O. 1990 Section 18 creates offences and
obligations for dog owners.
AND WHEREAS the Council of the Corporation of Cramahe deems it expedient to pass such a
by-law for the licencing and registration of dogs and for the regulation of dogs within the
Township of Cramahe;
NOW THEREFORE the Council of the Corporation of Cramahe HEREBY ENACTS as
follows:
DEFINITIONS:
1.
For the purpose of this by-law the following definitions shall apply;
a) Animal Control Officer includes the person who has entered into a contract
with the Corporation of the Township of Cramahe to control dogs and any
servants or agents of such person;
b) Animal Shelter shall mean the shelter with which the Municipality has an
agreement for the housing of dogs picked up by the Animal Control Officer;
c) By-law Enforcement Officer shall mean any person appointed by the
Municipality to enforce by-laws, or any agent thereof;
d)
Dangerous Dog shall be a dog that, in the absence of any mitigating factors has
attacked, bitten or caused injury to a person or domestic animal, or has
demonstrated a propensity, tendency or disposition to do so. The Animal Control
Officer or the By-Law Enforcement Officer shall make this designation;
e) Dog shall mean a male or female dog that is twelve weeks or older;
f) Kennel shall mean the building and adjoining property to which the dogs have
access and for which a kennel permit has been obtained;
g) Mitigating Factor means any circumstance which excuses aggressive behavior
of a dog and may include, but is not limited to the following:
i) the dog was, at the time of the aggressive behavior, acting in defense of an
attack by a person or domestic animal, or
ii) the dog was, at the time of the aggressive behavior, acting in defense of its
young or reacting to a person or domestic animal trespassing on the
property of its owner, or
iii) the dog was, at the time of the aggressive behavior, being teased, provoked
or tormented.
iv) the dog is a Police Dog in the performance of his duties.
h) Municipality shall mean the Corporation of the Township of Cramahe;
i) Owner shall mean and include any person who possesses or harbours an animal,
with Owns and Owned having the corresponding meaning. For the purposes of
this by-law any household shall be deemed to have one owner or tenant;
j) Puppy shall mean any male or female dog under the age of twelve weeks, and
the onus of proof shall be on the owner.
LICENCING PROVISIONS
DOG TAGS:
2. Every owner of a dog shall procure a licence for the current year from the
Municipality, the Animal Control Officer, or any agent thereof.
3.
Every animal shall be inoculated with an anti-rabies vaccine at least every 24 months
and a certificate of proof must be produced at the time of purchase of a licence, or at
the request of the Animal Control officer or By-Law Enforcement Officer.
4. Every dog tag shall bear the serial number and year in which it was issued and a
record shall be kept by the Treasurer of the Municipality showing the name and
address of the owner and the serial number of the tag.
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5.
The owner shall keep the dog tag securely fixed on the dog it was issued for until the
tag is replaced.
6. Should a dog tag become lost, the owner shall, upon payment of a Replacement Fee
as outlined in Appendix "A", be entitled to the issuance of a replacement tag and
licence.
7. The Fee for every licence issued pursuant to this by-law shall be outlined in
Appendix "A", attached and forming part of this by-law, which may be amended
from time to time by resolution.
KENNEL PERMITS:
8. At no time shall more than three (3) dogs reside on the same property at the same
time, unless the appropriate class of kennel permit has been lawfully issued for the
property.
9. a) Provided all provisions of this by-law have been met, a person who owns or
boards more than three (3) dogs but no more than eight (8) dogs may obtain a
Class I Kennel Permit from the Municipality.
b) Provided all provisions of this by-law have been met, a person who owns or
boards more than eight (8) dogs may obtain a Class II Kennel Permit from the
Municipality.
10.
The holder of a Kennel Permit will receive a dog tag free of charge for each dog kept
at the kennel and the tag will be attached to that dog.
11.
The 'Kennel' comprises all areas of the property (including buildings and run areas)
to which the dogs have access.
12.
Prior to issuing a licence, the By-law Enforcement officer will review all new Kennel
Applications (Appendix "C") submitted. The By-law Enforcement officer shall
ensure that the proposed kennel is compatible with the existing land uses of the
subject and neighbouring properties. As such, additional conditions may be required
to be satisfied prior to a kennel license being issued.
13. Class I Kennel:
More than three (3) dogs but no more than eight (8) dogs residing on the same
property at the same time, including for commercial or home industry purposes.
No portion of the kennel, including the run area, will be closer than 50 metres (164
feet) of a neighbouring residence, dwelling unit, or residential zone.
The kennel, including run area, must not be located closer to the street line than the
principal or main building on the lot, and shall further be erected in conformity with
the yard and setback requirements of the respective zone.
Class II Kennel:
More than eight (8) dogs residing on the same property at the same time,
including for commercial or home industry purposes.
No portion of the kennel, including the run area, will be closer than 200
metres (656 feet) of a neighbouring residence, dwelling unit, or residential
zone.
The kennel, including run area, must not be located closer to the street line than the
principal or main building on the lot, and shall further be erected in conformity with
the yard and setback requirements of the respective zone.
14.
Kennels existing before 1 January 2009 are grandfathered.
DANGEROUS DOGS
15. Where a dog is designated dangerous pursuant to Section 1(d), the Animal Control
Officer or the By-Law Enforcement Officer shall serve notice on the owner of said
dog as set out in Appendix "B", attached to and forming part of this By-Law, and the
owner shall comply with the following provisions:
a)
To keep the dog, when on the owner's premises, confined within the dwelling
and under the effective control of an adult, or enclosed in a pen constructed
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with a secure top, sides and bottom, so as to prevent escape of the dog and
prevent entry there in of unsupervised persons. The pen shall provide humane
shelter for the dog.
b) When not confined in accordance with paragraph (a), to keep the dangerous
dog under the effective control of an adult person and on a leash of not more
than one meter in length.
c) To securely attach an effective muzzle to the dog at all times that it is not
confined in accordance with paragraph (a).
d) To provide the Animal Control Officer, or By-Law Officer with a new address
and telephone number within two working days of moving the dog, selling the
dog, giving the dog away, or the death of the dog.
e) To forthwith advise the Animal Control Officer, or the By-Law Enforcement
Officer if the dangerous dog is at large, or has bitten or attacked any person or
domestic animal.
f) To display signs warning of the presence of a dangerous dog. The signs must
be clearly visible to anyone entering the property and meet the approval of the
Animal Control Officer or By-Law Enforcement Officer.
g) Purchase a dangerous dog licence and keep the tag affixed to the dog at all
times.
16.
Any person other than the Animal Control Officer or By-Law Officer who feels a dog
should be designated dangerous in accordance with the definition of a dangerous dog
may submit in writing the reasons why they feel the dog should be so designated, and
shall include any and all incidents that have occurred involving the dog. This request
shall be forwarded to the Animal Control Officer or the By-Law Enforcement Officer
who shall investigate the request and shall uphold or deny the request to designate the
dog based on that investigation. The Animal Control Officer, or By-Law Enforcement
Officer shall notify the owner of the dog of his decision. Notice shall be given in the
form of Appendix "B", attached to and forming part of this By-Law and may be
amended from time to time.
17. The owner of any dog that has been designated as dangerous may inform the By-Law
Enforcement Officer in writing that they intend to appeal the designation within seven
days of being served notice.
18. Any owner of a dog that has been designated dangerous and is unable or unwilling to
comply with the requirements outlined in Section 15, shall surrender said dog to the
Animal Control Officer. No dog that has been designated dangerous shall be adopted
out within the Municipality.
APPEAL PROCESS
19. Appeals shall be heard as soon as practicable after receiving notice pursuant to Section
15. The appeal committee will be retained ad hoc, comprised of one Municipal
Councilor and two members of the community.
DOGS AT LARGE
20.
No owner of any dog shall allow the dog to run at large within the limits of the
Municipality. For the purpose of this by-law a dog shall be deemed to be at large
when found elsewhere than on the property of the owner and not under the control of
a competent and responsible person. Only an animal on a maximum two-meter long
leash, escorted and under the control of such person will be deemed to be under
control.
21.
A Peace Officer or and Animal Control Officer may:
a) Seize and impound any animal found running at large and deliver same to the
Animal Shelter facility used by the Municipality, and
b) Restore possession to the owner thereof where:
i)
The owner claims possession of the animal within the time
period as set out in the pound policies, and
ii)
The owner pays the pound or its agent a penalty fee as set
out in Appendix "A" of this by-law plus any outstanding
medical costs.
iii) If the animal does not bear a tag, the owner shall purchase a
tag at the fees set out in Appendix "A" from the pound
before possession is returned to the owner and the Animal
Control Officer shall submit records of the registration and
fees to the Municipality.
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iv) If the Animal Control Officer is unable to seize the animal
found to be at large contrary to this by-law and the Animal
Control Officer knows the owner of such animal, he may
require the owner to pay a penalty fee as set out in Schedule
"A".
c) Where at the end of the approved time period for keeping an animal, possession
of the animal has not been restored to the owner, the Animal Shelter or his agent
may sell, or dispose of the animal by killing the animal in a humane manner and
no damages or compensation from the Shelter or the Municipality. If the Animal
Shelter sells any dog to anyone who resides in the Municipality, he shall sell
them a dog tag and submit records of purchaser and fees to the Municipality.
d) Where an animal seized under this By-law is injured, or should be destroyed
without delay for humane reasons or for reasons of safety to persons or animals,
the Animal Control Officer may kill the animal in a humane manner at his
discretion without any liabilities.
e) The Municipality hereby designates the Animal Shelter, the Treasurer, or their
authorized agents for the purpose of licencing animals within the Municipality
and all fees shall be remitted to the Municipality.
f) An animal owner who becomes aware that his dog has been impounded by the
Animal Control Officer must attend the Animal Shelter within two days to
procure the animal and pay the required fees and penalties.
g) Where an injured dog is impounded or otherwise detained and requires the
immediate attention of a Veterinarian, the Animal Control Officer may deliver
the injured dog to a Veterinarian for treatment or euthanization at his discretion
and the owner, if known, will be responsible for all costs incurred. No damages
or compensation shall be recoverable by the owner or any other person.
GENERAL PROVISIONS
22.
No owner shall allow his dog to make noise that would be disturbing to other
residents.
23. Every owner of a dog, or person who has a dog under their control, shall
immediately remove any excrement left by such dog on any privately or publicly
owned lands within the boundaries of the Municipality and shall disposes of the
excrement in a sanitary manner.
24. No owner of a dog shall knowingly or not knowingly allow the dog to attack or bite
a person or domestic animal.
25. Where a dog has bitten or attacked any person or domestic animal, or is alleged to
have bitten or attacked any person or domestic animal, any person may appear
before a Justice of the Peace to commence proceedings under the provisions of the
Dog Owners Liability Act R.S.O. 2005 by way of an application under Part IX of
the Provincial Offences Act.
26. Every person who contravenes any provisions of any section of this by-law is guilty
of an offence and upon conviction is liable to a fine as provided in the Provincial
Offences Act.
27. This by-law shall come into effect on the date of passing thereof.
28. By-Law 09-01 is hereby repealed.
Read the first time this 3rd day of April 2012.
Read the second time this 3rd day of April 2012.
Read a third time and enacted this 3rd day of April 2012.
___________________________
Marc Coombs, Mayor
____________________________
Christie Alexander, C.A.O./Clerk
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TOWNSHIP OF CRAMAHE
BYLAW 2012-19
APPENDIX "A"
Fees for licencing and impounding dogs within
The Township of Cramahe
Male or female dog. Licence purchased 1 January to 28 February, for the year.
$15.00
Male or female dog. Licence purchased 1 March to 31 December, for the year.
$25.00
Male or female dog. Deemed to be Dangerous.
$100.00
Animal Shelter Impound Fee
$100.00
Dog Tag replacement Fee
$2.00
Kennel Permit Fee (Class I or Class II)
$100.00
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TOWNSHIP OF CRAMAHE
BY-LAW 2012-19
APPENDIX "B"
NOTICE OF DANGEROUS DOG
I, _________________________________________________________________________,
the Animal Control Officer, or By-Law Officer of the Township of Cramahe, have reasonable
grounds to believe that the dog residing at __________________________________________
is a "Dangerous Dog" as defined in the Township of Cramahe By-Law Number 2012-19.
You are hereby ordered to comply with the following provisions in order to keep the dog in the
Township of Cramahe:
a) To keep the dog, when on the owner's premises, confined to within the dwelling and
under effective control of an adult person, or enclosed in a pen constructed with a secure
top, bottom and sides. The pen shall provide humane shelter for the Dangerous Dog,
while preventing escaping there from and preventing any entry therein of unsupervised
persons.
b) To keep the Dangerous Dog under effective control of an adult person and on a leash of
not more than 1 meter in length when it is not confined in accordance with paragraph (a).
c) To securely attach a muzzle to the Dangerous Dog at all times when it is not confined in
accordance with paragraph (a).
d) To provide the Animal Control Officer, or By-Law Officer with a new address and
telephone number within two working days of moving, selling, or giving the Dangerous
Dog away.
e) To advise the Animal Control Officer, or By-Law Officer within two days of the death of
the Dangerous Dog.
f) To advise the Animal Control Officer, or By-Law Officer forth with if the Dangerous
Dog is running at large, or has bitten or attacked a person or a domestic animal.
g) To display at the front of the house where it can not be easily removed, but is visible to
any person who may enter onto the property, a sign warning of the presence of the
Dangerous Dog. The Animal Control Officer or the By-Law Officer must approve such
sign.
It is also my duty to inform you that you can appeal this designation of a "Dangerous Dog" by
submitting your request for an appeal in writing to the By-law Officer within seven days of being
served this notice. Said request will be forwarded to the Appeal Committee, and shall be heard as
soon as practicable after receipt, and you shall be notified when the time and date of the hearing is
confirmed. The Committee's decision shall be deemed to be final and may include, but is not
limited to:
a) affirming or rescinding the Dangerous Dog designation, or;
b) substituting its own requirements of the owner of the Dangerous Dog pursuant to Section
15 of By-law 2012-19.
___________________________________
DATE
____________________________________
SIGNATURE
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APPENDIX "C"
TOWNSHIP OF CRAMAHE
BYLAW 2012-19
APPLICATION
KENNEL LICENCE
NEW_______
RENEWAL _______ PREVIOUS LICENCE#_______________
LICENCE NUMBER ISSUED: ____________
CLASS I:
CLASS II:
Is the kennel permit being issued for a commercial kennel/home industry/business?
1)
Applicant's Name: ______________________________________________________
Address ________________________________________________________________
Postal Code_____________________ Telephone _______________________________
2)
Kennel Location:
Address_________________________________________________________________
3)
Kennel Description and Location on Property: __________________________________
________________________________________________________________________
Size of Lot:__________________________
I solemnly declare that, to the best of my knowledge, the above information is true and complete
in all respects.
________________________________
_______________________________
Signature of Applicant
Date
Note:
1.
This Licence cannot be transferred to any other persons.
2.
As kennels are permitted only on approved properties, the kennel location cannot be
changed except with the approval of the issuer of Kennel Licences.
THESE LICENCES ARE FOR A CALENDAR YEAR ONLY
KENNEL REGULATIONS:
1. At no time shall more than three (3) dogs reside on the same property at the same
time, unless the appropriate class of kennel permit has been lawfully issued for the property.
2. a)
Provided all provisions of this by-law have been met, a person who owns or
boards more than three (3) dogs but no more than eight (8) dogs may obtain a Class I
Kennel Permit from the Municipality.
b) Provided all provisions of this by-law have been met, a person who owns or boards more
than eight (8) dogs may obtain a Class II Kennel Permit from the Municipality.
3.
The holder of a Kennel Permit will receive a dog tag free of charge for each dog kept at the
kennel and the tag will be attached to that dog.
4.
The 'Kennel' comprises all areas of the property (including buildings and run areas) to which
the dogs have access.
5.
Prior to issuing a licence, the By-law Enforcement officer will review all new Kennel
Applications (Appendix "C") submitted. The By-law Enforcement officer shall ensure that
the proposed kennel is compatible with the existing land uses of the subject and neighbouring
properties. As such, additional conditions may be required to be satisfied prior to a kennel
license being issued.
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6. Class I Kennel:
More than three (3) dogs but no more than eight (8) dogs residing on the same property at the
same time, including for commercial or home industry purposes.
No portion of the kennel, including the run area, will be closer than 50 metres (164 feet) of a
neighbouring residence, dwelling unit, or residential zone.
The kennel, including run area, must not be located closer to the street line than the principal
or main building on the lot, and shall further be erected in conformity with the yard and
setback requirements of the respective zone.
Class II Kennel:
More than eight (8) dogs residing on the same property at the same time, including
for commercial or home industry purposes.
No portion of the kennel, including the run area, will be closer than 200 metres (656
feet) of a neighbouring residence, dwelling unit, or residential zone.
The kennel, including run area, must not be located closer to the street line than the principal
or main building on the lot, and shall further be erected in conformity with the yard and
setback requirements of the respective zone.
7. Kennels existing before 1 January 2009 are grandfathered.
Approved by: ________________________________________________
Issued by: ___________________________________________________
In accordance with the provisions of the Municipal Freedom of Information Act, 1989 (sections 28 and 29),
we are requesting this information for the purpose of:
(a)
making a determination of the application; and
(b)
maintaining a business record upon acceptance.
Our authority for the collection of this information is the Municipal Act. Any questions should be directed
to the Town Clerk, 1 Toronto Road, P.O. Box 357, Colborne, ON K0K 1S0, Telephone 905-355-2821.
Dog Tags Issued In Conjunction With This Licence: __________, __________, __________, __________,
__________, __________, __________, __________, __________, __________, _____.
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THE CORPORATION OF THE TOWNSHIP OF CRAMAHE
Set Fine Schedule
Part I Provincial Offences Act.
By-Law Number 2012-19, a by-law for the Licencing and Registration of Dogs,
And for the Regulation of Dogs within the Township of Cramahe.
Item
COLUMN 1
Short Form Wording
COLUMN 2
Provision
Creating or Defining
Offence
COLUMN
3
Set Fine
1
Owner Fail to Procure Appropriate Dog Licence
2
$75.00
2
Fail to Produce Certificate of Rabies
Vaccination on Request.
3
$75.00
3
Fail to Keep Dog Tag Attached to Dog Issued
for.
5
$75.00
4
Allow more than Three Dogs to Reside on
The Same Property without Appropriate Kennel
Licence.
8
$75.00
5
Owner Fail to Keep Dangerous Dog
Confined to Dwelling or Approved Pen.
15(a)
$105.00
6
Owner Allow Dangerous Dog to Run
At Large.
15(b)
$105.00
7
Owner Fail to Secure Muzzle on Dangerous Dog
that is not Confined.
15(c)
$105.00
8
Fail to Post Approved Warning Sign.
15(f)
$105.00
9
Fail to Purchase Dangerous Dog Licence.
15(g)
$105.00
10
Owner Allow Dog to Run At Large.
20
$75.00
11
Owner Fail to Procure Dog From Pound.
21(f)
$75.00
12
Owner Allow Dog to Disturb Other Residents.
22
$75.00
13
Owner Fail to Remove Excrement Left by Dog.
23
$75.00
14
Owner Allow Dog to Bite a Person.
24
$400.00
15
Owner Allow Dog to Bite a Domestic Animal.
24
$200.00
NOTE: The general penalty provision for the offences listed above is section 26 of bylaw
2012-19; a certified copy of which has been filed.