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THE CORPORATION OF THE TOWNSHIP OF EAST GARAFRAXA
BY-LAW NUMBER ~
A BY-LAW TO REGULA'rE AND LICENSE DOGS
WHEREAS Section 210 of the Municipal Act, being Chapter M45, R.S.O.
1990, as amended, allows Councils of local municipalities to pass
by-laws regulating the keeping of animals, to provide for animal
identification systems for licensing, requiring leashing of dogs,
regulating and requiring registration of dogs, and for prohibiting
and regulating the running at large of dogs in the municipalitYi
NOW THEREFORE the Council of the Irownship of East Garafraxa enacts
as follows:
1,0 DEFINITIONS
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Boarding Kennel -
Breeding Kennel -
Clerk
Council
Dog
Kennel
Municipality
Owner
Provincial
Offences Officer-
(j)
Purebred
shall mean a kennel for the purposes
of boarding dogs
shall mean a kennel where purebred
dogs are kept for the purposes of
breeding and sale
shall
mean
Corporation
Garafraxa
shall
mean
Corporation
Garafraxa
the
Clerk
of
the
of the Township of East
the
Council
of
the
of the Township of East
shall mean any dog male or female
shall mean that part of a building
or structure where dogs are kept for
the purpose of breeding or boarding
shall mean the Corporation of the
Township of East Garafraxa
includes any person who possesses or
harbours a dog or causes a dog to
remain
on
or
about
his
or her
premises, whether the premises be
owned or rented, and where the owner
is a minor, the person responsible
for the custody of the minor
the words "ownedl' and "owns" have
corresponding meanings
is a by-law enforcement officer
the Township as appointed by
Council to enforce this by-law
for
the
shall mean in relation to a distinct
breed, an animal that is a purebred
of the breed as determined by the
by-laws
of
the
association
authorized to register animals of
that
breed pursuant to the Animal
Pedigree Act, Chapter 13, statute of
Canada 1988, as amended
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(k)
Redemption
Period
2
for the purpose of this by~law the
redemption period shall be three
days excluding the day on which the
dog
was
impounded
and
excluding
Saturday,
Sundays
and
legally
declared holidays in calculating any
redemption period
(l)
Regulations
shall mean regulations made under
the
Municipal
Act,
Chapter
M45,
R.S.O.,
1990,
as amended and the
Animal
Pedigree Act,
Chapter
13,
statute of Canada 1988, as amended,
as applicable
(m)
Running at Large-
for the purpose of this by-law, .dogs
shall be deemed to be running at
large when found in any place other
than the premises of the owner of
the dog and not under the control of
any person
2 0
TERRITORY
2.01
This by-law shall apply to the entire Township of East
Garafraxa.
3.01
3.02
3.03
3 0
LICENSING OF DOGS
Every person residing temporarily or permanently within
the limi ts of the Township, being the owner of a dog
shall, within ten (10) days of becoming such owner, and
thereafter within the first sixty (60) days of each
calendar year, cause the dog to be registered, numbered,
described and licensed at the office of the Clerk.
For the purposes of Section 3.01 a dog shall not include
a puppy under the age of three (3) months.
The license fee to be paid under Section 3.01 shall be:
(a)
if the dog is a male or is a
a least three months old then
and second such dog
spayed female that is
for each of the first
$10.00
(b)
if the dog is an unspayed female, then for each
first and second such dogs,
$15.00
(c)
for a third dog, whether male I
unspayed
female l
spayed or
$25.00
(d)
for a fourth dog, whether male, female, spayed or
unspayed
$50.00
(e)
for each additional dog,
whether male,
spayed or unspayed
female,
$100.00
3.04
No person shall register a female dog as a male dog or an
un spayed female dog as a spayed female dog.
3.05
The owner of every dog shall keep the dog tag, furnished
by the Clerk on payment of the license fee set out in
this by-law, securely fixed on such dog at all times
until the tag is renewed or replaced, but the, tag may be
removed while the dog is being lawfully used for hunting
in the bush.
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3.06
3
The tag provided shall bear a serial number and the year
in which it was issued and a record shall be kept by the
Clerk or other Officer designated for that purpose,
showing the name and address of the owner and the serial
number of the tag.
3.07
A replacement dog tag may be purchased for the sum of
twenty-five (.25¢) cents.
3.08
The owner of a breeding or boarding kennel, upon approval
by the Council of the Township of East Garafraxa, shall
pay an annual license fee as a license fee for the kennel
of $100.00 in place and instead of a license fee for each
dog housed in the kennel.
3.09
4.01
5.01
5.02
No license or dog tag shall be transferable within the
Corporation of the Township of East Garafraxa unless that
license or dog tag was issued by the Township of East
Garafraxa in the first instance.
4.0
POUND
The Council of the Municipality shall, from time to time,
designate a place or places r
within or outside the
municipality as the Township of East Garafraxa pound or
pounds.
5 - 0
DOGS RUNNING AT TJlRGE
No owner shall permit or cause to be permitted a dog or
dogs to run at large in the municipality.
A Provincial Offences Officer may seize and impound any
dog found running at large and;
(a)
restore possession of the dog to the owner thereof
when:
(i)
The
owner
claims
possession
wi thin
the
redemption period r and
(ii)
The owner pays all costs and fines incurred to
the Township.
(iii)
The fine described in Schedule "AI! attached
hereto shall be paid for the above.
(b)
at
the
end
of
the
redemption
period,
when
possession of the dog has not been restored to the
owner pursuant to Section 5.02 (a) herein,
the
pound keeper may sell said dog and all moneys so
recei ved shall become the property of the pound
keeper.
(c)
when Section 5.02
(a)
and
(b)
have not been
fulfilled then the Pound Keeper may destroy the dog
or dispose of it in a manner deemed fit and no
damage or compensation shall be recovered against
the pound keeper and the pound keeper shall charge
the owner a fee for disposal of the said dog, as
set out in a separate by-law establishing fees.
(d)
if the dog is injured or should be destroyed
without delay for humane reasons or for reasons of
safety to a person or animal, the pound keeper may
destroy the dog in a humane manner whether before
or after impounding without permitting any person
to reclaim the dog or without offering it for sale
and no damages or compensation shall be recovered
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6.01
4
as a result of the dog being destroyed.
(e)
the owner of every dog impounded, if known, whether
or not the dog is claimed by the owner from the
pound keeper, shall be liable for the payment of
the pound maintenance fees as set out in paragraph
5.02 (a) and shall pay all fees on demand to the
pound keeper.
(f) if the owner claims possession of the dog outside
the redemption period and before the dog is either
sold or destroyed, pursuant to Section 5.02 (b),
(c) or (d) of the by-law, then possession of the
dog may be restored subject only to the terms as
set out in paragraph 5.02 (a) as if the request was
made during the redemption period.
6,0
KENNELS
No
person
shall
own,
operate,
manage,
control
or
supervise any kennel except in accordance with this by-
law.
6.02
The owner of a breeding kennel or a boarding kennel
shall:
(a)
obtain a kennel license from the Council within the
first sixty (60) days of each calendar year;
(b)
as a pre-requisite to obtai,ning a kennel license
the owner shall:
(i)
have the kennel inspected by a Provincial
Offences Officer;
(ii)
meet the requirements as contained in the
Township's comprehensive zoning by-law;
(iii)
pay the annual license fee as set out in
section 3.08 of this by-law.
6.03
Each kennel shall:
6.04
6.05
(a)
Be soundly constructed;
(b)
Provide sufficient space therein for the dog or
dogs which are kept therein to stand and lie in
comfort;
(c)
Be kept in a
sanitary, well ventilated, clean
condition and free of offensive odours;
(d)
Contain therein facilities to which each dog has
adequate access for fresh water for drinking;
(e)
Be
kept at
a
reasonable
temperature
and
be
adequately ventilated having regard to the season
or weather conditions;
(f)
Be constructed so as to ensure that each dog kept
therein shall have space for adequate exercise
wither within the kennel or adjacent thereto.
Dogs shall not be kept in larger numbers than may be
adequately cared for upon the premises and they shall be
in the charge or care of the owner or owners or operator
of the kennel or of a responsible person designated by
the owner or operator.
The By-Law Enforcement Officer or any other Officer of
the peace having jurisdiction within the Township of East
Garafraxa may at any time enter the kennel and inspect
such kennel to ensure compliance with this by-law.
6.06
The kennel operator shall at all times take the necessary
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6.07
6.08
6.09
6.10
5
steps to prevent a nuisance by undue noise caused by the
barking of dogs housed within the kennel.
Each owner or operator of a kennel shall keep a record of
the following at the kennel:
(a)
The name and address of each owner of each dog at
the kennel.
(b)
The date of arrival and departure of each dog.
The owner of a kennel shall keep each dog confined within
the kennel unless such dog is out with and under the
control of the said owner or some person designated by
him to have such control.
A license may be revoked upon any breach of any of the
regulations contained in this by-law.
No kennel license issued pursuant to this by-law may be
transferred.
7 0
MUZZLING OR LEASHING OF DOGS
7.01
Every owner of a dog, which has bitten a person or a
domestic animal, shall ensufe that said dog is muzzled or
leashed while said dog 'is on any property in the
Municipality including ,the- premises of the owner of the
dog.
7.02
8.01
9.01
10.01
Where the owner of the dog objects to the muzzling or
leashing requirement set forth in paragraph 7. 01, the
owner may request and is entitled to a hearing by the
Council of the Municipality, said hearing to be held
within thirty (30) days of the date of the request by the
owner.
The
Council of the Municipality,
may,
by
resolution delegate the holding of the aforesaid hearing
to a committee of Councilor to the By-Law Enforcement
Officer.
Councilor Committee of Councilor the By-Law
Enforcement Officer, if so delegated, may in its, his, or
her sole discretion exempt the owner from the muzzling or
leashing requirement contained in paragraph 7.01 above.
8 0 PENALTIES
Every owner or person who contravenes any section of this
by-law is guilty of an offence and upon conviction is
liable up to six months in jail and/or a fine up to
$2, 000. AD,
exclusive of costs recoverable under the
Provincial Offences Act, R.S.O., 1990, as amended.
9 0
INDEMNITY
The
Township,
its agents and servants,
the by-law
enforcement- officer and/or 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.
10 0
If for any reason whatsoever any provision or subsection
of this by-law, or the application thereof to any person
or circumstances, is to an extent held or rendered
invalid, unenforceable or illegal, then such provision or
subsection is deemed to be independent of the remainder
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2002
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of the by-law and to be severable and divisible there
from and its invalidity, or unenforceability does not
affect, impair or invalidate the remainder of the by-law
or any part thereof I
and this by-law continues to be
applicable to and enforceable to the fullest extent
permi tted by law against any person in circumstances
other than those as to which it has been held or rendered
invalid, unenforceable or illegal.
"
0
BY LAWS REPEALED
This by-law shall come into force at the date of its
final passing.
By-Law 54-90 shall be hereby repealed.
Read a first and second time this 3rd day of January, 1995.
Read a third time and passed this 3rd day of January, 1995.
REEVW
CLERK
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,. 'L
THE CORPORATION OF THE TOWNSHIP OF EAST GARAFRAXA
Schedule A
By-Law 2-95
THE CORPORATION OF THE TOWNSHIP OF EAST GARAFRAXA ENACTS
AS FOLLOWS:
1 .
Schedule of Fees -
Dogs Running at Large:
a)
Fine
$25.00 per offence
b)
Boarding
-
$10.00 per day.
c)
Quarantine
-
$15.00 per day.
d)
Disposal
-
$50.00 "for any dogs not adopted out.
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PROVINCIAL OFFENCES ACT
PART I
IT IS d,RDERED pursuant to the provisions of the Provincial Offences
Act an~ the rules for the Ontario Court of Justice, that the amount set
opposite each of· the offences in the attached schedule of offences under
the Prd,vincial Statutes and Regulations thereunder and the Municipal
By-La~ No, 2-95, of the Corporation of the Towriship of EastGarafraxa,
attach~d hereto are the set fines for those offences to take effect
Noveniber 7,2005.
is 7th day of November, 2006.
TIM
Y CULVER, Regional Senior Justice
Central West Region
Ontario Court of Justice
900'd
tere 898 9rt
/111f'T l'OOImlf ItnmdnU,l
900'd 111101
900'd
Item
1
2
3
4
Township of East Garafraxa
By-law No. 2-95: Dogs
Part I Provincial Offences Act
Short Form Wording
Provision
creating or
defininj!; offence
Fail to license dog
Section 3.01
Failing to keep dog tag securely fIxed to dog
Section 3.05
Causing or pennitting dog to run at large
Section 5.01
Owning, operating, managing, controlling or
Section 6.01
supervising an unlicensed kennel
Set Fine
$125.00
$125.00
$125.00
$125.00
NOTE: the general penalty provision for the offences listed above is section 61 of the
Provincial Offences Act, R.S.O. 1990, c. P.33.
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