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Responsible Animal Ownership By-law 2022-13
1
THE CORPORATION OF THE MUNICIPALITY OF FRENCH RIVER
BY-LAW 2022-13
BEING A BY-LAW TO REGULATE, LICENSE AND CONTROL ALL ANIMALS IN THE
MUNICIPALITY OF FRENCH RIVER
WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, as amended, authorize a municipality to
pass by-laws necessary or desirable for municipal purposes, and in particular paragraphs 5, 8 and 9 of
subsection 10(2) authorize by-laws respecting: the economic, social and environmental well-being of
the municipality; the protection of persons and property; and animals;
AND WHEREAS section 103 of the Municipal Act, 2001, as amended, provides that where a
municipality has passed a by-law to regulate or prohibit with respect to the being at large or trespassing
of animals, the municipality may provide for the seizure, impounding and sale of seized and
impounded animals;
AND WHEREAS Section 105 of the Municipal Act, 2001, as amended requires Council to hold a
hearing to determine whether to exempt an owner in whole or in part from muzzling requirements of a
dog, when so requested by the dog owner;
AND WHEREAS section 391 of the Municipal Act, 2001, as amended, provides that a municipality
may pass bylaws imposing fees or charges for services or activities provided or done by or on behalf of
the municipality;
AND WHEREAS section 425 of the Municipal Act, 2001, as amended, provides that a municipality
may pass by-laws providing that a person who contravenes a by-law of the municipality passed under
the Municipal Act, 2001 is guilty of an offence;
AND WHEREAS it is considered desirable to pass a by-law relating to Animal Control within the
Municipality of French River.
NOW THEREFORE the Council of the Municipality of French River enacts as follows:
1.
SHORT TITLE:
1.1.
The short title of this By-Law shall be the "Responsible Animal Ownership By-Law".
2.
DEFINITIONS
2.1
"Abandonment" means ceasing to care for an animal in circumstances that may cause the
animal harm or leaving an animal in the care of another person without that persons express
knowledge and permission.
2.2
"At Large" means any animal found in any place other than the premises of the owner of the
animal, or other private property with the consent of the owner of that property and not under
the immediate physical control of any competent or reasonable person by means of a leash that
is no more than two metres in length.
Responsible Animal Ownership By-law 2022-13
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2.3
"Cat" means a male or female domesticated cat.
2.4
"Control" includes care and custody.
2.5
"Council" means the elected Council for the Municipality of French River.
2.6
"Daycare Facility" means a premise that offers care and housing of dogs for profit for a period
of no more than 10 hours in any 24 hour period per dog. For the purpose of this by-law, a
daycare facility is not considered to be a kennel.
2.7
"Disabled Person" means a person with a disability.
2.8
"Disability" means both visible and non-visible disabilities pursuant to the Human Rights
Code of Ontario.
2.9
"Dispatch" means to destroy, euthanize, or otherwise cause the death of an animal.
2.10
"Dog" means a canine of the species canis familiaris and shall include a male or female dog.
2.11
"Domestic Animal" includes a dog, cat or similar animal kept as a pet which is generally
understood to be domesticated and is typically kept indoors at a dwelling unit.
2.12
"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.
2.13
"Fenced Yard" means a yard which is completely enclosed by a fence constructed in
accordance with the specifications set out in Schedule "C" of this By-Law provided that the
walls or the continuously occupied building are considered a portion of the required fence,
provided that all doors in such walls are equipped with locks and that all doors providing access
to the fenced yard are locked when a vicious dog or dog included in Schedule "B" to this By-
Law is inside the fenced yard.
2.14
"Grooming Facility" means a premise that primarily offers bathing, nail trimming, and/or hair
cutting of dogs for profit for a period of no more than 10 hours in any 24 hour period per dog.
For the purpose of this by-law a grooming facility is not considered to be a kennel.
2.15
"Keep" means to have temporary or permanent control or possession of an animal and the
words "kept", or "keeping" have a similar meaning.
2.16
"Kennel" means a premise, including outdoor areas (i.e. dog runs), where dogs are bred,
raised, boarded, trained, or housed for similar purposes for a period of longer than 10 hours in
any 24 hour period per dog for profit and shall exclude a Pound established by the
Municipality.
2.17
"Licence" means a licence issued under this By-Law.
Responsible Animal Ownership By-law 2022-13
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2.18
"Livestock" means cattle, goats, horses, sheep, swine, poultry, fur-bearing animals, bees,
cultured fish, deer, elk, game animals or birds grown, produced or raised.
2.19
"Medical Officer of Health of Sudbury" means the current Medical Officer of Health of
Sudbury of Public Health Sudbury District or their authorized designates.
2.20
"Municipal Law Enforcement Officer" means anyone appointed by the Corporation of The
Municipality of French River to enforce the provisions of this By-Law.
2.21
"Municipality" means the Corporation of the Municipality of French River.
2.22
"Muzzled" means to have securely affixed around the snout or the mouth and 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.
2.23
"Owner" means any person who possesses or harbours an animal and, where the owner is a
minor, the person responsible for the custody of the minor, and includes a person who is
temporarily the keeper or is in control of the animal.
2.24
"Police work dog" means a dog trained to aid Law Enforcement Officers and used by such
Officers in the execution of their duties.
2.25
"Pound" means such place or places established by the Municipality for the impoundment of
dog(s) seized pursuant to the provisions of this By-Law.
2.26
"Premises" means the entire lot on which a single dwelling unit building, or a multi-dwelling
unit building is situated and includes a vacant lot.
2.27
"Prohibited animal" means any animal specified in Schedule 'A' of this By-Law.
2.28
"Public property" includes all lands owned by the Municipality.
2.29
"Recognized Animal Shelter or Rescue" A not-for-profit or charitable organization,
registered with the Licence Issuer, whose mandate and practices are predominately the rescue
and placement of animals, and facilitating the spaying or neutering of animals, or for animal
welfare purposes.
2.30
"Senior Citizen" means a person who has attained the age of 65 years.
2.31
"Service Dog" means any dog used by a person with a disability for reasons relating to the
disability where it is readily apparent that the animal is used by the person for reasons related to
his or her disability; or where the person provides a letter from a physician or nurse confirming
that he or she requires the dog for reasons related to his or her disability; or a presents a valid
identification card signed by the Attorney General of Canada or a certificate of training from a
recognized guide dog training school.
2.32
"Tag" means the tag or token issued under this By-law as proof of registration of the dog in the
Municipality.
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2.33
"Town Limits" means the areas defined as town limits within Schedule 'D' of this By-Law.
2.34
"Vicious dog" means any dog with a known propensity, tendency, or disposition to attack
without provocation other domestic animals or persons; or any dog which has bitten another
domestic animal or person without provocation; or any dog specified in Schedule "B" of this
By-Law
3.
LICENSING AND REGISTRATION
3.1.
Every owner of a dog over the age of six (6) months shall annually license the dog and shall
maintain the licence in good standing.
3.2.
Every owner of a dog shall annually renew the dog's licence on or before its date of expiry.
3.3.
Every owner making an application for a dog licence shall provide the following information
upon registration:
a) The name, postal address, and telephone number of the owner; and,
b) The name, age, sex, and description of each dog to be licensed.
3.4.
Every application for a dog licence shall be accompanied by a fee in accordance with the
Municipality's Fees and Charges By-law.
3.5.
Every owner, with proof of certificate, that requires the assistance of a guide, service or therapy
dog, may, upon application to the Municipality, obtain a licence and no fee shall be charged for
such licence.
3.6.
Upon payment of the dog licence fee, the owner shall be provided with a tag from the
Municipality and shall keep the tag securely fixed on the dog at all times while the dog is in any
place other than the premises of the owner or other private property with the consent of the
owner of that property.
3.7.
The tag shall bear an identification number and a record shall be kept by the Municipality
showing the name, address and contact information of the owner and a brief description of the
dog.
3.8.
Every dog licence issued pursuant to the provisions of this By-Law shall be effective from the
date of issuance until December 31st of the year purchased and no refund of any licence fee
paid or any portion thereof shall be made in the event of the death, destruction, or removal from
the Municipality of a dog before the expiration of the license period.
3.9.
For a 'Lifetime' license issued, the licence shall be valid from the date of issuance to the death
of the dog and shall not be transferred to any other dog.
3.10. If a tag is lost or stolen, the owner shall make an application for a replacement tag as per the
Municipality's Fees and Charges By-law.
3.11. No dog licence shall be transferred from one dog to another.
3.12. No person shall use for any dog, a licence receipt or a licence tag issued for another dog.
Responsible Animal Ownership By-law 2022-13
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3.13. If a licensed dog changes owners, the new owner shall notify the Municipality to update the
registration within fifteen (15) days of becoming the owner.
3.14. The provisions of Section 3 of this By-Law shall not apply to owners temporarily in the
Municipality for a period not exceeding fourteen (14) days.
3.15. Notwithstanding any provision of this by-law, a Service Dog, Police Work Dog or a dog that is
being fostered from a recognized animal shelter or rescue shall be provided with a licence and
tag free of charge upon providing to the Municipality at the time of registration, evidence
satisfactory to the Municipality.
3.16. No person shall keep or permit in or about any dwelling unit or premises more than three (3)
dogs over the age of 6 months without a valid kennel license.
3.17. No person shall keep or permit in or about any dwelling unit or premises more than five (5) cats
over the age of 6 months.
3.18. The provisions of section 3.15 shall not apply if the owner of dogs can prove that the dogs are
used for livestock protection and/or for agricultural purposes.
3.19. Notwithstanding the provisions contained in section 3.15, any owner of dogs who owns,
harbours, maintains or possesses more than the permitted total number of dogs on the effective
date of this by-law, and is able to provide proof that these dogs were licensed prior to the
passing of this by-law, or that they have been licensed within three (3) months after the passing
of this by-law, shall be permitted to own these dogs until they are deceased and/or relocated.
3.20. Notwithstanding the provisions contained in section 3.15, any person who becomes a resident
of the municipality after the passing of this by-law who owns, harbours, maintains or possesses
more than the permitted total number of dogs on the date that they become a resident of the
municipality, shall be permitted to own these dogs until they are deceased and/or relocated so
long as all dogs are licensed within three (3) months of the owner becoming a resident of the
municipality.
3.21. Notwithstanding the provisions contained in section 3.15, any dog owner who owns, harbours,
maintains or possesses the permitted total number of dogs may, for a period not exceeding 14
days, allow to be kept one additional dog so long as that it is not kept for profit and so long as
all dogs are licensed.
3.22. Notwithstanding the provisions contained in section 3.15, any owner of a daycare facility or
grooming facility may harbour more than the permitted number of dogs for a period not
exceeding 10 hours in any 24 hour period per dog.
3.23. Notwithstanding the provisions contained in section 3.15, lodges, hotels, motels and trailer
parks may harbour more than the permitted number of dogs so long as the owner of the lodge,
hotel, motel and/or trailer park only owns the permitted number of dogs and every dog owned
by the owner of the lodge, hotel, motel and/or trailer park is licensed.
Responsible Animal Ownership By-law 2022-13
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4.
PROVISIONS OF CARE
4.1.
Every person who keeps an animal within the Municipality shall ensure that such animal is
provided with:
a. clean and sanitary environment free from accumulation of fecal matter;
b. adequate and appropriate care, food, water, shelter and opportunity for physical activity;
and
c. necessary veterinary medical care when the animal exhibits signs of pain, illness or
suffering.
4.2.
Every person who keeps a dog which normally resides outside, or which is kept outside
unsupervised for extended periods of time, shall ensure the dog is provided with:
a. A house or shelter that has sufficient space to allow the dog the ability to turn around freely
and lie in a normal position, and that will provide protection from the outdoor elements as
appropriate to the dog's weight and type of coat.
b. An exercise area (Run) with:
i. a minimum area of 50 sq. ft.; and
ii. a minimum of 5' between any 2 opposite walls of the enclosure.
c. If the dog is confined by means of a leash, the leash shall be long enough to allow the dog
to have free movement in an area of at least 50 sq. ft. with no obstructions in that area so
the dog cannot become trapped and/or restricted of movement.
4.3.
No person shall cause or allow an animal to be hitched, tied or fastened while unattended by the
owner to a fixed object where a choke collar, choke chain or pinch collar forms part of the
securing apparatus, or where a rope or cord is tied directly around the animals neck or where
the dog could become trapped or injured by an obstruction.
4.4
No person shall cause or allow an animal to be confined in an enclosed space, including a
motor vehicle, without adequate ventilation.
4.5
No person shall transport or allow the transport of an animal outside the passenger
compartment of any motor vehicle or trailer unless the animal is adequately confined or unless
it is secured in a body harness or other manner of fastening which is adequate to prevent the
animal from falling off the vehicle or otherwise injuring itself.
4.6
In any prosecution or proceeding under section 4.5, the registered owner or operator, as
applicable, of the motor vehicle or trailer shall be deemed to be the owner of the dog, unless he
or she proves to the satisfaction of the Justice of the Peace at the time of the offence, the motor
vehicle was not being used to transport the dog by him/her and that the motor vehicle was not
being used by any other person with consent, express or implied.
4.7
No person shall cause or allow a dog to be muzzled unless it is in the immediate care and
control of the owner.
4.8
No person shall cause or allow the neglect, torment, abuse, or punishment of any animal in any
manner to an extent that is cruel or unnecessary.
4.9
No person shall cause or allow the abandonment of an animal.
Responsible Animal Ownership By-law 2022-13
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4.10
No person shall cause or allow a female dog who is in heat to be left unattended at any time
outside the secure confines of a dwelling unit.
5.
KENNEL OPERATION
5.1.
No person shall own or operate or allow the ownership or operation of a kennel without a
licence issued by a Municipal Law Enforcement Officer.
5.2.
Kennels shall be managed and operated by the property owner on which the kennel is located,
and the kennel operator/manager shall reside on the subject property.
5.3.
Every person applying for a kennel licence shall submit to the Municipality a completed
application together with the following:
a. a site plan drawn to scale showing the location of all buildings, structures, dog runs or
facilities on the subject property, including the location of all buildings, structures, dog runs
or facilities, or parts thereof, to be used as a kennel. The site plan must also specify the
distance which separates the kennel from all property lines and all buildings, structures, dog
runs or facilities;
b. a list of all dogs to be kept at the subject property, noting verification of current rabies
vaccination for each dog (excepts where they are under three (3) months of age);
c. the applicable fee, as required by the Municipality's Fees and Related Charges By-law, as
amended; and
d. a declaration by the owner that they have never been convicted under section 446 of the
Criminal Code of Canada pertaining to animal cruelty.
5.4.
All new or renewal licenses for a Kennel will only be approved by the Municipal Law
Enforcement Officer once they have inspected the premises to ensure compliance with this or
any other applicable by-law.
5.5.
Every person renewing their kennel licence shall, yearly on or before the 15th day of February
of the next year, submit the following to the Municipality:
a. a list of all dogs to be kept at the subject property, noting verification of current rabies
vaccination for each dog (excepts where they are under three (3) months of age); and
b. the applicable fee, as required by the Municipality's Fees and Related Charges By-law, as
amended.
5.6.
Every person who owns or operates a kennel shall comply with the applicable by-laws of the
Municipality of French River and any other provincial or federal statutes or regulations. No
kennel licence shall be issued unless such kennel complies with the by-laws of the
Municipality. Where an owner or operator of a kennel fails to comply with applicable by-laws
or regulations, the kennel license may be suspended or revoked.
Responsible Animal Ownership By-law 2022-13
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5.7.
An Officer or any other duly authorized person may enter upon and may inspect without notice
any kennel, daycare facility, grooming facility or any place where dogs are kept at any
reasonable time.
5.8.
The kennel license issued pursuant to this by-law is not transferable.
5.9.
Owners and operators of kennels shall comply with the following regulations:
a. No Kennel may be established except where it is permitted in accordance with the
Municipality's Zoning By-law, as amended.
b. No kennel shall be permitted on a property of less than 5 acres (2 hectares) unless approval
is granted through a Zoning By-law Amendment.
c. No Part of a Kennel shall be constructed or maintained closer than 20 metres from the
nearest property line of any adjacent residence.
d. The Municipality may impose additional conditions with respect to the renewal of a kennel
license as they deem necessary to ensure the health, safety, and well-being of the public
and/or animals.
e. After the issuance of a license, the owner shall not change or otherwise alter a kennel
without first obtaining the written permission of the Municipality
f. Every person who owns or operates a kennel shall keep no more than a maximum of twenty
(20) dogs over twenty (20) weeks of age, unless approved by the Municipal Law
Enforcement Officer.
g. The floors of each room in which dogs are kept shall be:
i.
constructed of an impermeable material;
ii.
flushed with water and deodorized with a suitable disinfectant daily or more often if
necessary and that the animals should be removed when this is being done; and
iii.
if such room is physically attached to a building used for human habitation, graded
to an adequate drain which shall be connected to a drain sewage system or sewage
disposal system.
h. Each room that is used for the housing of dogs shall be equipped with a lighting system that
is designed, constructed, and maintained to:
i. distribute light as evenly and with as little glare as possible;
ii. provide adequate light for the proper observation of every animal in the room;
iii. adequately stay lit for a continuous period of at least eight (8) hours in every
twenty-four-hour period; and
iv. provide an eight (8) hour period of darkness in every twenty-four-hour period.
Responsible Animal Ownership By-law 2022-13
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i. Each room that is used for the housing of dogs shall provide ventilation for the health,
welfare, and comfort of every dog by either:
i. having an opening for natural ventilation with a minimum aggregate unobstructed
free flow are of one percent (1%) of the floor are of the room, or
ii. having a mechanical ventilation device in working order which changes the air at
least twice each hour.
iii. each room that is used for the housing of dogs shall at all times, be maintained at a
temperature suitable for the health, welfare, and comfort of every dog therein.
j. Each cage or pen used for the housing of dogs shall be so constructed and maintained that:
i.
every dog in the cage or pen may comfortably extend its legs to their full extent,
stand, sit, turn around, and lie down in a fully extended position;
ii.
it is not likely to harm any therein;
iii.
any dog therein cannot readily escape there from; and
iv.
it may be readily cleaned.
k. Each doorway, window, and outside opening shall be screened during the period of May 1st
to October 1st of each year.
l. The yards and runways shall be:
i.
fenced so any dogs therein cannot readily escape there from;
ii.
partially shaded; and
iii.
gravelled and well drained or;
iv.
paved with concrete, asphalt, or other impermeable material;
v.
graded to an adequate drain or gutter, and;
vi.
cleaned at least once daily when in use.
m. Each area in which dogs are kept shall, at all times be maintained in a clean and sanitary
condition.
n. Excreta, dead animals, and other waste resulting from the keeping of dogs shall be removed
in a timely fashion from the premises.
o. Every kennel shall have a manure receptable for the storage of dog waste. All kennel
owners shall comply with the provisions of Part V of the Environmental Act, R.S.O. 1990
and all regulations thereto with respect to waste management systems, including but not
limited to the collection and disposal of waste.
p. Every person who owns and operates a kennel shall give regard to the guidelines set out in
the 'Code of Practice of Canadian Kennel Operations' of the Canadian Veterinary Medical
Association.
q. Every person who owns or operates a kennel shall undertake measures to ensure that
residences on adjacent properties are not subjected to persistent noise by dogs kept at a
kennel operation. Complaints concerning noise will be investigated subject to the
Municipality's Noise By-law.
Responsible Animal Ownership By-law 2022-13
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r. The Medical Officer of Health of Sudbury shall enter any building and order the removal of
any matter or thing which is dangerous or injurious to the public health including any or all
of the above-mentioned items, whenever it appears to the Medical Officer of Health that is
necessary for the preservation of the public health or for the abatement of anything
dangerous or injurious to the public health.
s. Every dog shall be supplied with:
i.
food of a type and in amounts nutritionally adequate for the dog, and;
ii.
adequate amounts of potable water, and;
iii.
medical service for any disease or injury from which the dog may be suffering.
t. The owner, operator or a person designated by the owner or operator shall attend the kennel
at least once every 12 hours.
u. When the owner, operator or their designate is not present, all dogs must be kept separate
by means of a cage or other similar measure from each other.
v. The owner of a Kennel will collect from the owner of every dog that uses their facility the
dog owners: name, address, phone number, emergency contact phone number and the most
recent vaccination records of the dog. This information must be maintained for one year
from the date of collection.
6.
RUNNING AT LARGE / UNDER CONTROL
6.1.
No person shall allow or permit livestock to run at large in the Municipality of French River.
6.2.
No person shall allow or permit a dog to run at large in the Municipality of French River.
6.3.
A dog shall not be deemed running at large if it is a police work dog and is being used during
police duties or in training.
6.4.
A dog shall not be deemed running at large if it is a hunting dog accompanied by the owner or
other reasonable adult and is actively engaged in hunting or training for hunting, on un-posted
land or on posted land with permission from the owner.
Responsible Animal Ownership By-law 2022-13
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7.
SEIZURE AND IMPOUNDMENT
7.1.
Subject to Section 6.2 of this by-law, an Officer may:
a. seize and impound any dog found to be running at large.
b. restore possession of the dog to the owner where:
i.
the owner claims possession of the dog within three (3) working days (exclusive of
statutory holidays and weekends) after the date of seizure; and
ii.
the owner pays to the Municipality the Seizure/Impoundment Fee, in accordance
with the Municipality's Fees and Charges By-law, for the dog seized and
impounded, plus the cost of any damages, expenses and/or veterinary care.
7.2.
An Officer may order the dispatch of any dog, without first seizing or impounding it if that dog
is suspected to be rabid or, which, while at large has, is or is about to attack, kill, injure,
menace, damage, or destroy, as the case may be:
a. any person;
b. another animal;
c. personal property; or
d. the Officer is unable to seize the dog after making reasonable attempts to do so.
7.3.
An Officer who seizes and impounds a dog shall make reasonable efforts to locate the owner of
the dog and inform the owner of the seizure and/or impoundment.
7.4.
No person shall unlock, unlatch, or otherwise open a vehicle or cage in which dogs seized by
an Officer have been or are being placed.
7.5.
Notwithstanding, any other provisions of this By-Law where, in the opinion of an Officer or his
or her designate, a dog which has been seized requires the immediate services of a qualified
veterinarian, or should be destroyed for humane reasons or reasons of public safety, the Officer
may dispatch the dog as soon after the seizure as the Officer or his or her designate thinks fit
without first permitting the owner to reclaim the dog or offering the dog for sale. If such dog
has been delivered to a qualified veterinarian for care, the owner of the dog shall be responsible
for any and all costs or charges associated with the services provided by the veterinarian.
8.
STOOP AND SCOOP
8.1.
Any person having control of an animal except horses being actively used in transportation
shall immediately remove any feces left by the animal on any property, other than the owner's
property including, but not limited to:
a. on a highway;
b. in a public park;
c. on any public property; or
d. on municipal streets and roads.
8.2.
Any person having control of an animal shall have in his/her possession the necessary
equipment to proceed immediately with the removal of any feces.
Responsible Animal Ownership By-law 2022-13
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8.3.
Every owner of an animal shall remove from his or her property, in a timely manner, feces left
by an animal, so as not to disturb the enjoyment, comfort, convenience of any person in the
vicinity of the property.
8.4.
Section 8 does not apply to an owner of a service dog, where the owner is unable to remove
animal waste due to a physical impediment or a blind or visually impaired pet owner.
8.5.
Every owner of a horse shall remove, within twenty-four (24) hours, any feces left by the horse
on any roadway within fifty (50) metres of town limits or in any public park.
9.
PROHIBITED ANIMALS
9.1.
No person shall keep in the Municipality, either on a temporary or permanent basis, any
prohibited animal, as set out in Schedule 'A'.
9.2.
No person shall keep livestock in an area of the Municipality unless the area is zoned for that
purpose or is lawfully used for that purpose.
9.3.
Despite sections 9.1, a provincially authorized wildlife custodian may keep an animal
prohibited under this By-law in accordance with the authorization.
9.4.
No person shall keep or permit to be kept any insect, arachnid or squamatea permitted under
this By-law except in an escape-proof enclosure.
9.5.
No person shall keep or permit to be kept any lagomorph, marsupial or rodent permitted under
this By-law except in a suitable enclosure.
9.6.
For the purposes of 9.6 "Institution and Facility" have the meaning given to those words by
Canada's Accredited Zoos and Aquariums. Despite Section 9.1, an institution whose facility is
accredited by Canada's Accredited Zoos and Aquarium may keep an animal prohibited under
Section 9.1 if:
a. the institution maintains its Canada's Accredited Zoos and Aquariums accreditation;
b. neither the institution or the facility sells or offers for sale, animals;
c. the facility is on premises zoned under the Municipality's zoning by-law permitting the use;
d. the facility is on a premises where there is no residential use;
e. the facility:
(i)
shares no common wall with any other use or is self-contained in accordance with its
Canada's Accredited Zoos and Aquariums accreditation;
(ii) shares no NVAC system and no plumbing system with any other use;
f. signs are posted in the facility at all public entrances/exits and in each room where animals
are displayed that:
(i)
include the statements:
- caution: the animals on display are unpredictable and may be dangerous;
- after touching the animals or their living areas, wash your hands.
9.7.
Despite Sections 9.4 and 9.5, animals kept on premises that meet the requirements of Section
9.6 may be kept outside of an escape-proof enclosure or a suitable enclosure for educational
purposes.
Responsible Animal Ownership By-law 2022-13
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10.
VICIOUS DOGS
10.1. No owner of a dog shall permit his or her dog to attack or to bite without provocation, a person,
a domestic animal or livestock.
10.2. Where the Municipality is informed upon written complaint and is satisfied that a dog has
attacked without provocation or bitten a person or domestic animal or livestock and has further
been provided with satisfactory evidence as to the name and address of the owner of the dog,
the Municipality 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 10.4 and 10.5.
10.3. Service of notice that a dog has been deemed a vicious dog may be affected on the person
shown in the Municipality's records as the owner of the dog, or where the dog does not appear
to be registered pursuant to the By-law, on such other person who appears to be the owner of
the dog. Service may be affected by personal service, by mail or by posting up in a
conspicuous place at the address shown in the records of the Municipality as the address for the
owner of the dog, or where the dog is not registered under the 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 affected, or where served by mail or by posting, shall be
deemed effective on the 3rd day after mailing or posting as the case may be.
10.4. The owner of a vicious dog shall at all times when the dog is not contained within the owners
dwelling:
a. Keep the vicious dog muzzled
b. keep the vicious dog under the effective control of a person sixteen (16) years of age or
older and under leash not to exceed 1.23 meters (4 feet) in length.
10.5. The owner of a vicious dog shall at all times, when it is not in the owners dwelling but
otherwise within the boundaries to the owner's lands, ensure that the vicious dog shall be
contained within an enclosed area, including a fence of an appropriate height for the breed of
the dog, or in a manner such that the vicious dog is unable to come into contact with persons or
other animals. Gates in such an enclosure shall be locked at all times when the dog is in the
enclosure. designed in such a fashion and with such material which will prevent the dog from
digging its way out of or otherwise escaping from the enclosed run and not to restrict the
generality of the foregoing having sides and top constructed of chain-link fencing as set out in
Schedule "C" to this By-Law and a solid base securely attached to the side.
10.6. Every owner of a vicious dog shall notify the Municipality within 2 working days of any
change in ownership or residence of the vicious dog and provide the Municipality with the new
address and telephone number of the owner.
10.7. Every owner of a vicious dog shall notify the Municipality within two (2) working days if the
vicious dog is deceased.
10.8. Every owner of a vicious dog shall display a "beware of dog" sign in a conspicuous location on
their property so as to be visible to every person entering the property from a public highway.
Responsible Animal Ownership By-law 2022-13
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10.9. Where the owner of a vicious dog is informed that his or her dog has been deemed to be a
vicious dog, the owner may wish to appeal the decision by requesting for a hearing by the By-
law Appeal Committee, in accordance with the process provided for under Municipality's By-
law Appeal Committee By-law, as amended and the rules and procedures thereto, or successor
by-law (s) as applicable. An application for a hearing shall be filed with the Clerk within ten
(10) business days of the written order of the dog being deemed to be a vicious dog.
10.10. An owner of a vicious dog shall notify the kennel owner or operator that his or her dog was
deemed vicious.
10.11. 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.
10.12. No person shall operate a kennel containing a vicious dog or a dog included in Schedule "B" to
this By-Law.
10.13. The provisions of Section 10.10 of this By-Law do not apply to a person operating a kennel
who has in the kennel a vicious dog or a dog specified in Schedule "B" to this By-Law for the
purpose of providing any of the following services:
a. the temporary boarding of such dog,
b. the grooming of such dog,
c. the training of such dog, or
d. medical attention for such dog provided he/she complies with the provisions of Section
10.4.
11.
POUNDS
11.1. For the purpose of this By-Law, Council may establish a pound(s) for the impoundment of
dog(s) seized by an Officer or their designate pursuant to the provisions of this By-Law and
may establish, from time to time, such rules and regulations of such pound(s).
11.2. If a dog(s) is seized and/or impounded, an administration fee as outlined in the Municipality's
Fees and Related Charges By-law will be imposed per dog on the owner of the dog(s), plus any
fees incurred from the pound(s) itself.
12.
ENFORCEMENT
12.1. Every person who contravenes any provision of this By-Law is guilty of an offence and upon
conviction shall be liable to a fine prescribed and recoverable under the provisions of the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, for each offence committed.
12.2. The Administrative Monetary Penalty System By-law applies to each administrative penalty
issued pursuant to this Bylaw.
12.3. No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct, either directly
or indirectly, an Officer, an employee and/or agent of the Municipality in the lawful exercise of
a power or duty under this By-Law.
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SCHEDULE "A"
RESPONSIBLE ANIMAL OWNERSHIP BY-LAW 2022-13
MUNICIPALITY OF FRENCH RIVER
PROHIBITED ANIMALS
1. All protected or endangered animals being all animals, native or non-native, whose possession or sale is
prohibited because they are designated as protected or endangered pursuant to an international, federal, or
provincial law, regulation, rule or agreement, unless the animal has been obtained in accordance with
international, federal or provincial law, as applicable, and if the animal is not identified in this Schedule, and
the animal is kept in accordance with this by-law and the Municipality of French River zoning by-law.
2. No person shall keep in the Municipality of French River, either on a temporary or permanent basis, any
prohibited animal belonging to the following orders:
a)
Anseriformes (e.g., ducks, geese, swans, and screamers), except when located on property zoned for
agricultural uses;
b)
Artiodactyla (e.g., cattle, goats, sheep, pigs, deer, elk, alpacas, and llamas), except when located on
property zoned for agricultural uses;
c)
Carnivora (e.g., otters, wolves, bears, coyotes, foxes, tigers, leopards, cougars, lions, lynx, mink,
skunks, weasels, badgers, mongooses, and racoons), except dogs, cats and ferrets;
d)
Chiroptera (e.g., bats, myotis and flying foxes);
e)
Crocodylia (e.g., alligators, crocodiles, gavials, and caimans);
f)
Edentates (e.g., anteaters, sloths, and armadillos);
g)
Galliformes (e.g., pheasants, grouse, guinea fowls, turkeys, chickens and peafowls), except when
located on a property zoned for agricultural uses;
h)
Lagomorpha (e.g., hares and pikas), except domestic rabbits;
i)
Marsupial (e.g., koalas, kangaroos, opossums, and wallabies), except sugar gliders derived from self-
sustaining captive populations;
j)
Perissodactyla (e.g., horses, donkeys, jackasses, mules, zebras, and ponies), except when located on
property zoned for agricultural uses;
k)
Primates (e.g., chimpanzees, gorillas, monkeys, and lemurs);
l)
Proboscidea (e.g., elephants, rhinoceros, hippopotamuses);
m)
Raptors (e.g., eagles, hawks, falcons, and owls), except as permitted under a provincial falconry
licence;
n)
Rodentia (e.g., porcupines, prairie dogs, nutria, and chinchillas) except where neither the female nor
the male of the species exceeds or will exceed 1,500 grams in weight before or at maturity and that are
derived from a self-sustaining captive population;
o)
Squamata (e.g., lizards and snakes) except non-venomous snakes where neither the female nor the
male of species exceeds or will exceed 2 metres in length from nose to tip of tail before or at maturity
and non-venomous lizards (not including Iguana iguana) where neither the female nor the male of the
species exceeds or will exceed 1 metre in length from nose to tip of tail before or at maturity; or
p)
Struthioniformes (e.g., ostriches, rheas, cassowaries, emus, and kiwis), except when located on
property zoned for agricultural uses;
3.
No person shall keep or permit to be kept an animal that is venomous or poisonous, except Grammostola
rosea (Chilean Rose), Brachypelma smithi (Mexican Red-Knee) and Avicularia avicularia (Pink-Toe)
Tarantulas and Pandinus imperator (Emperor) and Heterometrus spinifer (Asian Forest) Scorpions.
Responsible Animal Ownership By-law 2022-13
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SCHEDULE "B"
RESPONSIBLE ANIMAL OWNERSHIP BY-LAW 2022-13
MUNICIPALITY OF FRENCH RIVER
List of dogs banned in the province of Ontario under the Dog Owners Liability Act.
- Pit bull terrier
- Staffordshire bull terrier
- American Staffordshire terrier
- American pit bull terrier
- A dog that has an appearance and physical characteristics that is substantially similar to the dogs above.
Responsible Animal Ownership By-law 2022-13
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SCHEDULE "C"
RESPONSIBLE ANIMAL OWNERSHIP BY-LAW 2022-13
MUNICIPALITY OF FRENCH RIVER
Fences:
Fences shall be 1.8 meters (6 feet) in height and installed such that no gap greater than 150 mm (4 inches) exists
between the underside of the fence and that the finished grade and shall comply further comply to the Municipal
Zoning By-law as amended and all other Municipal By-laws pertaining to fences. Fences shall be of a design that
will reasonably deter children from climbing it to gain access to the fenced in area and that will prevent a vicious
dog or a dog included in Schedule "B" to this By-Law from digging its way out of or otherwise escaping from
the enclosed yard. If a fence contains an opening for access, the opening shall be closed with a gate which shall
provide protection equivalent to the fence and shall be equipped with self-latching devices and locks located at
the top of and inside the gates.
A fence shall:
-
If of chain-link construction:
a. Be of not greater than 50 mm (2 inch) diamond mesh;
b. Be constructed of galvanized steel wire not less than 3.6 mm diameter (no. 11 gauge), or of minimum
2.9 mm diameter (no. 11 gauge) steel wire covered with a vinyl coating forming a total thickness
equivalent to 3.6 diameter (no. 9 gauge); and
c. Be supported by at least 38 mm (1.5 inches) diameter galvanized steel posts installed in accordance with
good fencing techniques. Such posts shall be spaced not more than 3 m (10 feet) apart. Top horizontal
rails shall be a 12 mm (.5 inch) diameter galvanized tension rail or a 32 mm (1.25 inches) diameter
galvanized rail.
-
If wood construction:
a. Be of alternating vertical boards attached to supporting horizontal members. Such vertical boards shall
have a minimum dimension of 19 X 88 mm (1 X 4 inches nominal) and spaced at maximum of 100 mm
(4 inches);
b. Supporting horizontal members shall have a minimum dimension of 38 X 88 mm (2 X 4 inches nominal)
and shall be spaced a minimum of 1.4 m (4 feet 6 inches) apart; and
c. Horizontal members shall be supported by posts spaced not more that 2.4 mm (8 feet) on centre. Such
posts shall be 88 mm (4 inches nominal) square or in diameter and securely placed to a minimum of 0.6
m (2 feet) below grade. That portion below grade shall be treated with a wood preservative or the post
shall be of pressure treated wood.
-
If the fence design is other than specified than wood construction or chain-link construction, such fence shall
require approval by the By-Law Enforcement Officer.
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SCHEDULE "D"
RESPONSIBLE ANIMAL OWNERSHIP BY-LAW 2022-13
MUNICIPALITY OF FRENCH RIVER
TOWN LIMITS
TOWN OF NOELVILLE
TOWN OF ALBAN
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SCHEDULE "E"
RESPONSIBLE ANIMAL OWNERSHIP BY-LAW 2022-13
MUNICIPALITY OF FRENCH RIVER
PART 1 - PROVINCIAL OFFENCE ACT FINES
ITEM
Column 1
SHORT FORM WORDING
Column 2
PROVISION
CREATING OR
DEFINING THE
OFFENCE
Column3
SET FINES
1
Fail to license a dog
Section 3.1
$100.00
2
Fail to keep a tag fixed to a dog while off premises
Section 3.6
$50.00
3
Keep more than 3 dogs
Section 3.16
$100.00
4
Keep more than 5 cats
Section 3.17
$75.00
5
Fail to provide a clean and sanitary environment for an
animal
Section 4.1 (a)
$200.00
6
Fail to provide appropriate care, food, water, shelter or
physical activity to an animal
Section 4.1 (b)
$200.00
7
Fail to provide necessary veterinary care to an animal
Section 4.1 (c)
$200.00
8
Improperly hitch tie or fasten an animal
Section 4.3
$200.00
9
Fail to provide an animal with proper ventilation
Section 4.4
$200.00
10
Improperly transport an animal
Section 4.5
$200.00
11
Improperly muzzle a dog
Section 4.7
$200.00
12
Neglect, abuse torment or punish an animal
Section 4.8
$300.00
13
Cause or allow the abandonment of an animal
Section 4.9
$300.00
14
Cause or allow a dog in heat to be unattended
Section 4.10
$150.00
15
Operate a kennel without a license
Section 5.1
$500.00
16
Fail to maintain a kennel in a clean and sanitary condition
Section 5.9 (m)
$300.00
17
Fail to remove waste from a kennel in a timely fashion
Section 5.9 (n)
$300.00
18
Permit livestock to run at large
Section 6.1
$150.00
19
Permit a dog to run at large
Section 6.2
$100.00
20
Unlawfully unlock, unlatch, or open a vehicle or cage
containing seized animal
Section 7.4
$300.00
21
Fail to remove feces left by an animal
Section 8.1
$100.00
22
Fail to possess necessary equipment to remove feces
Section 8.2
$75.00
23
Fail to remove feces from own property in a timely
manner
Section 8.3
$100.00
24
Fail to remove feces left by a horse
Section 8.5
$100.00
25
Keep or permit to be kept a prohibited animal
Section 9.1
$400.00
26
Keep livestock in an area not zoned for agricultural use
Section 9.2
$300.00
27
Fail to keep an insect, arachnid or squamate in an escape
proof enclosure
Section 9.4
$100.00
28
Fail to keep a lagomorph, marsupial or rodent in a suitable
enclosure
Section 9.5
$100.00
29
Permit a dog to attack or bite
Section 10.1
$300.00
30
Fail to muzzle a vicious dog
Section 10.4 (a)
$200.00
31
Fail to keep a vicious dog under control
Section 10.4 (b)
$400.00
32
Fail to contain a vicious dog within an enclosed area
Section 10.5
$200.00
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33
Fail to notify the municipality of a change of ownership or
residence of a vicious dog
Section 10.6
$150.00
34
Fail to notify the municipality of the death of a vicious
dog
Section 10.7
$75.00
35
Fail to notify a kennel owner that a dog is designated as
vicious
Section 10.10
$150.00
36
Operate a kennel containing a vicious dog
Section 10.12
$300.00
37
Hinder or obstruct an officer
Section 12.3
$600.00
NOTE: Penalty Provisions for the offences indicated above is Section 12 of the By-law 2022-13, a certified
copy of which has been filed.