By-law No. 10-06 - Animal Care and Control By-law, s.73 (Livestock) — full text

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Amended by 12-37 Amended by 15-81 Amended by 16-08 1 The Corporation of the Town of Grimsby By-law No. 10-06 A By-law to regulate animal care and control in the Town of Grimsby. Whereas Sections 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes a lower tier municipality to pass by-laws respecting animals; And whereas Section 9(3) of the said Municipal Act, 2001, provides that a by-law passed under Section 11 may regulate or prohibit respecting a matter, provide for a system of licences, permits, approvals or registrations and impose conditions as a requirement of obtaining, continuing to hold or renew a licence, permit, approval or registration; And whereas Section 103 of the said Municipal Act, 2001 confers the power to regulate or prohibit animals from being at large or trespassing and for the seizure and impoundment of animals found at large or trespassing contrary to the by-law under certain conditions; And whereas Section 103 of the said Municipal Act, 2001 confers the power to regulate or prohibit animals from being at large or trespassing and for the seizure and impoundment of animals found at large or trespassing contrary to the by-law under certain conditions; And whereas Section 391 of the said Municipal Act, 2001 enables a municipality to pass a by-law imposing fees or charges for services or activities provided or done by or on behalf of it; And whereas the Council of the Corporation of the Town of Grimsby deems it expedient and in the public interest to licence dogs, to regulate and control animals in the Municipality and to regulate the care and keeping of animals pursuant to its authority to do so under the Municipal Act, S.O. 2001, c.25, as amended; Now therefore the Council of the Corporation of the Town of Grimsby enacts as follows: Amended by 12-37 Amended by 15-81 Amended by 16-08 2 PART I - DEFINITIONS 1. In this By-law: (a) "Animal" means a live, non-human vertebrate member of the animal kingdom; (b) "Attack" means physical contact, other than accidental contact, by an animal that results in bleeding, bone breakage, bruising, a scratch or a sprain to a person or an animal or damage to clothing worn by a person, and "Attacked" or "Attacking" have a corresponding meaning; (c) "Bite" means a wound or wounds to the skin that causes it to puncture or break, which are caused by teeth; (d) "Cat" means a male or female feline of the species felis catus; (e) "Chief of Police" means the Chief of Police for the Niagara Regional Police Service or persons acting under his or her authority; (f) "Council" means the Council of the Corporation of the Town of Grimsby; (g) "Dog" means a male or female canine of the species canis familiaris; (h) "Domestic Animal" means any tamed or domesticated animal; (i) "Dwelling Unit" means a building, structure, room or rooms occupied or intended for use for human habitation in which sanitary, cooking, living and sleeping facilities exist; (j) "Keep" means to have temporary or permanent control or possession of an animal, and the words "Kept" or "Keeping" have a corresponding meaning; (k) "Kennel" means any premises, cages or pens, excluding animal clinics, pet shops and grooming establishments, where four (4) or more dogs are lodged, treated, bred, kept or boarded. A kennel may be classified as: Amended by 12-37 Amended by 15-81 Amended by 16-08 3 a. "Breeding Kennel" is a kennel where the primary purpose of the facility is for breeding of dogs and the number of dogs permitted within such kennels shall not exceed ten (10), excluding pups under ten (10) weeks of age; b. "Commercial Kennel" is a kennel where the primary purpose of the facility is for the boarding of dogs for hire or gain; c. "Hobby Kennel" is a kennel where four (4) to ten (10) dogs excluding pups under ten (10) weeks of age are kept for personal uses as hunting dogs, sled dogs or show dogs, kept for the purpose of training or kept as pets and where there is no boarding and no revenue derived from the kennel; (l) "Leash" means a restraint consisting of a rope, light chain, or other material held by a person and used to restrain an animal; (m)"Lincoln County Humane Society" means the local Affiliated Society of the Ontario Society for the Prevention of Cruelty to Animals, incorporated on April 1 gt\ 1935 that operates an Animal Shelter and Pound located at 160 Fourth Avenue, St. Catharines and that shall be referred to hereinafter as the "LCHS"; (n) "Livestock" means any domestic or farmed animal, including, but not limited to, poultry, cattle, swine, horses, mink or other furbearing animals, rabbits, sheep, goats and other types of animals listed by the Agricultural Code of Practice of the Ontario Ministry of Agriculture, Food and Rural Affairs; (o) "Motor Vehicle" means a Motor Vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c. H8, as amended; (p) "Muzzle" means a humane fastening or covering device of adequate strength placed over the mouth of an animal to prevent it from biting a person or animal and the words "Muzzled" and "Muzzling" have a corresponding meaning; (q) "Officer" means a person appointed by Council as a Municipal By-law Enforcement Officer, all Canine Control Officers and Animal Control Officers Amended by 12-37 Amended by 15-81 Amended by 16-08 4 employed by the LCHS including agents and inspectors designated as such under the Ontario Society for the Prevention of Cruelty to Animals Act and all other enforcement officers as may be appointed by the Government of Canada, the Province of Ontario and the Region of Niagara and includes the Chief of Police; (r) "OSPCA" means the Ontario Society for the Prevention of Cruelty to Animals as constituted under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0.36, as amended; (s) "Owner" means any person who possesses, harbours or keeps 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 in control of the animal and the word "Owns" has a corresponding meaning; (t) "Person" includes a corporation, association, or any other non-incorporated entity; (u) "Pet Shop" means a shop or place where animals are sold or kept for sale for use as pets; (v) "Pound" means the part of the premises of the LCHS used for the temporary housing and care of animals that have been impounded pursuant to this By-law in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22; (w) "Premises" includes lands, buildings or structures or any parts thereof; (x) "Prohibited Animals" means those animals identified in Schedule B; (y) "Service Dog" means an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing- impaired, or a special skills dog for other disabled persons; (z) "Shelter" means a structurally sound and sufficient, weather-proof, insulated enclosure of dimensions sufficient to protect the full body of the animal for whose use it is intended from the elements and in which the animal is able to fully stand up, sit down, tum around and lay down with its limbs fully extended; Amended by 12-37 Amended by 15-81 Amended by 16-08 5 (aa) "Sterilized" in respect of a dog or cat means either spayed or neutered and "Sterilization" has a corresponding meaning; (bb) "Tether" means a rope, chain or any restraining device attached to an inanimate object that prevents an animal from moving away from a localized area and the words "Tethered" and "Tethering" have a corresponding meaning; (cc) "Town" means the municipal corporation known as the Town of Grimsby or the geographic area of the Town of Grimsby as context requires and shall include all servants, agents and contractors; (dd) "Wild Animal" means an untamed or undomesticated animal indigenous to North America, wild by nature or disposition (farae natural) but does not include the domestic ferret; (ee) "Without Provocation", when used in reference to a bite or attack on a person or animal, means in the absence of any abuse, assault, teasing, tormenting or unwanted physical contact by the person or animal who sustained the bite or attack. Part II - Care of Animals Responsibility to care for animals 2. Every person who keeps an animal within the Town shall at all times provide the animal, or cause it to be provided with: (a) a clean and sanitary environment free from the accumulation of waste matter; (b) adequate and appropriate: i. care ii. food iii. unfrozen, fresh and clean water iv. shelter from the elements including the sun; and (c) the opportunity for physical activity sufficient to maintain good health Amended by 12-37 Amended by 15-81 Amended by 16-08 6 3. Every person who keeps an animal that normally resides out of doors, or that is kept out of doors unsupervised for extended periods of time, shall, in addition to complying with the requirements set out in Section 2 of this By-law ensure that the animal is provided with and has complete and unrestricted access to the following: (a) a shelter that protects the animal's entire body from the elements, having regard to the animal's weight and type of coat and that is raised above the surface of the earth and that has an entrance that faces away from the prevailing wind; (b) an area separate and apart from the shelter for the animal to use for defecation and urination; (c) an area separate and apart from the shelter that provides the animal with shade and protection from direct sunlight at any time of the day; and (d) an area that is dry and free from standing water. Tethers 4. No person shall keep an animal tethered unless: (a) the tether is a minimum of four (4) meters in length; (b) the animal has unrestricted and unobstructed movement within the range of the tether; (c) the animal has access to food, water and shelter; (d) the tether is securely attached to a flat collar or other humane harnessing device and not to a choke collar, choke chain or pronged collar; and (e) the animal is tethered in a way that it will not injure itself. 5. No person shall tether an animal in such a way as to permit the animal to go beyond the limits of the person's premises, or the premises of another person from whom the owner of the dog has received prior consent from the owner of that premises. 6. No person shall tether an animal by tying or affixing a rope, cord, chain or any other restraining device directly around the animal's neck. Amended by 12-37 Amended by 15-81 Amended by 16-08 7 Sanitary conditions 7. Every person who keeps an animal within the Town shall keep the animal, or cause the animal to be kept, on premises that are free from the accumulation of fecal or other waste matter, foul odour, insect infestation, rodent attractants or any other unsanitary condition that disturbs or is likely to disturb the enjoyment, comfort or convenience of any person or animal, or that may endanger the health of any person or animal. 8. Section 7 of this By-law shall not be interpreted so as to prohibit a person who is a bona fide farmer engaged in a normal farming practice pursuant to the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended and any other applicable law. Part III - Dogs 9. Every owner of a dog in the Town shall: (a) in every year, register the dog with the Town and pay an annual dog registration fee as set out in Schedule "A" as may be amended by Council from time to time; (b) in order to qualify for a discounted annual registration fee for a sterilized dog as set out in Schedule "A", as may be amended by Council from time to time, provide annually at time of registration, proof of sterilization from a qualified veterinarian; (c) renew the registration annually before April 1st of each year; (d) ensure that the dog identification tag, issued as part of the registration, is displayed on the dog's collar and that said collar is affixed to the dog at all times; (e) obtain a replacement identification tag by paying the fee as set out in Schedule "A", as may be amended by Council from time to time, in the event that such tag is lost, damaged or destroyed; and (f) pay an additional late dog registration surcharge as set out in Schedule "A", as may be amended by Council from time to time, where the dog is registered on or after April 1st of any given year. Amended by 12-37 Amended by 15-81 Amended by 16-08 8 10. In order to register a dog, the owner of the dog shall provide the Town with the following information: (a) name, address and telephone number of the dog owner; (b) name, age, gender, breed, and colour of the dog; and (c) proof of sterilization from a qualified veterinarian. 11. The owner of a dog shall notify the Town within seven (7) days of the sale or death of a dog registered with the Town, or of any change in the owner's name, address or telephone number. 12. The Town will provide the registrant with an identification tag for each dog registered in accordance with this By-law. 13. No person shall use an identification tag for any dog other than the dog for which such identification tag was issued. 14. No person shall provide the Town with any false information in respect of the registration or renewal of a registration of a dog. Dog kennels 15. No person shall construct, establish, maintain or operate a Dog Kennel in the Town unless: (a) the kennel is constructed, established, maintained and operated in compliance with the provisions of this By-law, any other applicable municipal by-law and any applicable Act or Regulation including, without restricting the generality of the foregoing, the Town's Zoning By-law No. 71-74, as amended and any successor thereto, the Health Protection and Promotion Act and Regulations, the Ontario Building Code Act and Regulations, the Fire Prevention and Protection Act and Regulations and any other applicable law; (b) the kennel and its surrounding environs is so constructed, established, maintained and operated in a way that prevents escape by any dog from the kennel; (c) in every year, the owner or operator of the kennel registers the kennel with the Town and pays the annual kennel registration fee as set out in Schedule "A", as may be amended by Council from time to time; (d) the owner or operator of the kennel renews the kennel registration annually before January 1st of each year; Amended by 12-37 Amended by 15-81 Amended by 16-08 9 (e) the owner or operator of the kennel ensures that any dog identification tag, issued as part of the kennel registration, is displayed on the dog's collar and that such collar is affixed to the dog at all times; (f) in the event that such a dog identification tag issued as part of the kennel registration is lost, damaged or destroyed, the owner or operator of the kennel obtains a replacement identification tag by paying the fee as set out in Schedule "A", as may be amended by Council from time to time; (g) in the event the kennel is registered on or after January 1st of any given year, the owner or operator of the kennel pays a late kennel registration surcharge as set out in Schedule "A", as may be amended by Council from time to time; and (h) the owner or operator of a Breeding Kennel or a Commercial Kennel complies with the Standards for Breeding and Commercial Kennels as set out in Schedule "C", attached hereto and forming part of this By-law. 16. Where an owner or operator of a kennel constructs or establishes a kennel after the 30th day of June of any year, at the time of registration the owner or operator shall pay one-half of the applicable annual registration fee as set out in Schedule "A", as may be amended by Council from time to time. 17. In order to register a kennel, the owner or operator of the kennel shall provide the Town with the following information: (a) the name, address and telephone number of the kennel owner; (b) the name, address and telephone number of the kennel operator; (c) the name, age, gender, breed, color and sterilization status of all dogs kept at the kennel; and (d) the Canadian Kennel Club registration number, if applicable. 18. No owner or operator of a Hobby Kennel shall permit more than ten (10) dogs, excluding pups under ten (10) weeks of age, to be kept at the Hobby Kennel. 19. No owner or operator of a Breeding Kennel shall permit more than ten (10) dogs, excluding pups under ten (10) weeks of age, to be kept at the Breeding Kennel. 20. Notwithstanding Sections 18 and 19 of this By-law, any Person who lawfully owns or operates a Kennel with more than ten (10) dogs on the date of the Amended by 12-37 Amended by 15-81 Amended by 16-08 10 passing of this By-law shall have until July 1st, 2009 to register same with the Town and describe in detail the dogs and shall be permitted to continue to own or operate the Kennel. 21. Every owner or operator of a kennel shall, upon request by an Officer, permit the Officer to inspect at any reasonable time the premises for the purpose of determining compliance with this By-law. 22. Any kennel registration may be refused or suspended pending compliance, or revoked for non-compliance by an Officer if, in his/her opinion, the kennel does not comply with the provisions of this By-law. 23. In the event that an Officer refuses a kennel registration or suspends or revokes a kennel registration, the owner or operator of such kennel may appeal to Council in accordance with Council's procedures. 24. If an appeal is taken, Council shall hear the appeal in accordance with its procedures and shall have all powers and functions of an officer in deciding the appeal. Leashing and running at large 25. For the purposes of this By-law, a dog shall be deemed to be running at large if it is found in any place other than on the premises of its owner while not on a leash held by any person and not under the control of any person. 26. No owner of a dog shall permit the dog to run at large in the Town except in designated off-leash areas. 27. No owner of a dog shall use a leash on the dog that exceeds five (5) metres in length, but in no case shall an owner use a leash of a length that does not enable him or her to properly control the dog. Amended by 12-37 Amended by 15-81 Amended by 16-08 11 28. Every owner of a dog shall, while the dog is not on the owner's premises, control the dog by means of a leash that is held or affixed to their person or another competent person. 29. A dog shall not be deemed to be controlled by a leash if the leash is attached to an inanimate or immovable object, a motor vehicle or a bicycle. 30. No person shall use a collar on a dog that restricts, or may restrict, the dog's ability to breathe or swallow, or that causes, or may cause, the dog discomfort. 31. Sections 25 to 30 of this By-law shall not apply to: (a) police working dogs while they are in the course of fulfilling their duties; and (b) hunting dogs that are under the direct supervision of a person who is a bona fide hunter actively engaged in hunting in accordance with the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41, as amended, and any other applicable law during a permitted season to whom has been issued such necessary licences and permits as may be required by the laws of the Dominion of Canada, the Province of Ontario and the Town and provided that such person has obtained the prior consent of the owner of the parcel of land on which the hunting dogs are at large, which consent is obtained not more than one year prior to the date of the occasion on which the dogs are at large. Impounding of dogs 32. An Officer may seize any dog that is found running at large in the Town and may cause such dog to be delivered to the Pound. 33. Any person may seize any dog that is found running at large in the Town and shall immediately thereafter cause such dog to be delivered to the Pound or, if known, returned to its owner. 34. A dog seized pursuant to Sections 33 or 34 of this By-law shall be considered impounded at the time and place when it comes under the control of the Officer or, in any other case, when delivered to the Pound. Amended by 12-37 Amended by 15-81 Amended by 16-08 12 35. Upon seizing or taking possession of any dog, the Pound shall impound the dog and make reasonable efforts to determine the identity of the owner of the dog and inform such person that his or her dog has been impounded. 36. The Pound shall keep any dog impounded pursuant to this By-law for a redemption period of three (3) days. This redemption period shall be calculated by excluding: (a) the day on which the dog was impounded; (b) statutory holidays; and (c) days on which the Pound is closed. 37. During the redemption period, the Pound: (a) may provide such veterinary or other care for an injured or ill impounded dog as may be necessary to sustain its life or relieve any distress; (b) shall be entitled to recover from the owner of the dog, the cost of any veterinary or other care provided while the dog was impounded; and (c) shall be entitled to recover from the owner of the dog, any pound fees for the redemption of the dog. 38. During the redemption period, the Pound may euthanize an impounded dog without delay if, in the opinion of the Pound, such action is warranted for humane reasons. 39. During the redemption period, the owner of an impounded dog may obtain release of such dog by first: (a) providing evidence to the Pound that the dog is registered in accordance with the requirements of this By-law or if the dog is not registered, by registering the dog with the Town in accordance with this By-law; (b) paying the costs and fees provided for in Section 37 of this By-law; and (c) taking any other action in relation to the care or control of the dog that the Town or Pound may direct. 40. After the expiration of the redemption period, the Pound may: (a) release the dog to its owner upon compliance with Section 39 of this By-law; or Amended by 12-37 Amended by 15-81 Amended by 16-08 13 (b) keep, sell or dispose of the dog in accordance with the provisions of the Animals for Research Act, R.S.O. 1990, c. A.22, as amended. 41. Whenever an impounded dog is released to its owner, a record of such release shall be kept by the Pound. Dog bites and muzzling of dogs 42. No owner of a dog shall willfully cause the dog, or permit the dog through neglect or failure to control, to without provocation bite, attack or chase a person or another animal, or to damage public or private property. 43. No owner shall muzzle a dog in any manner that restricts or may restrict the dog's breathing, its ability to drink water or in any manner that causes the dog pain, suffering or injury. 44. Where an Officer becomes aware, either through his own investigation or as a result of information received by him from any source, that a dog has bitten or attacked a person or animal without provocation, the Officer may, by written notice served upon the owner, require the owner to comply with the requirements set out in Sections 45 and 46 of this By-law within the time stipulated in said notice, and the dog shall thereafter be deemed to be a dangerous dog. 45. Every owner of a dangerous dog shall, at all times while the dangerous dog is not in the owner's dwelling unit, but is otherwise within the boundaries of the owner's premises, ensure that the dangerous dog wears a muzzle in accordance with Section 43 of this By-law and ensure that: (a) the dog is securely tethered in accordance with Section 4 of this By-law; (b) the dog is contained within an area enclosed by a fence of an appropriate height for the breed of dog, or an area enclosed by other means such that the dog cannot come into contact with any other person or animal; and (c) a sign, no smaller than 5" x 7", is displayed at all entrances to the property upon which the dog is kept, bearing words and a symbol that warn that there is a dangerous dog on the property. Amended by 12-37 Amended by 15-81 Amended by 16-08 14 46. Every owner of a dangerous dog shall, at all times while the dog is not within the boundaries of the owner's premises, keep the dog (a) muzzled in accordance with Section 43 of this By-law; (b) under the control of a competent person capable of handling the dog who is eighteen (18) years of age or older; and (c) on a leash that does not exceed two (2) metres in length. 47. Every owner of a dangerous dog shall immediately notify the Town of the following: (a) any change in ownership or residence of the dangerous dog and provide the name, current address and telephone number of the new owner or residence; (b) if the dog runs at large, attacks or bites any person or animal; or (c) if the dog dies. 48. An Officer shall have the authority to make whatever inquiry is deemed necessary to ensure compliance with Sections 46 and 47 of this By-law. 49. Sections 45 through 47 of this By-law shall not apply to police working dogs while they are carrying out their duties. Stoop and scoop 50. Every owner of a dog shall immediately remove any feces left by the dog in any place other than the premises of the owner and dispose of it in a proper waste receptacle. 51. Section 50 of this By-law shall not apply to: (a) the handler of a service dog, where the handler is unable to remove the excrement left by such dog due to a physical disability or impediment; (b) a blind or visually impaired handler of a service dog if the feces were left while the dog was off the premises of the handler and carrying out its duties; or (c) a police working dog while they are carrying out their duties Amended by 12-37 Amended by 15-81 Amended by 16-08 15 Number of dogs restricted 52. No person shall keep on their premises more than three (3) dogs over ten (10) weeks of age, unless: (a) the premises is licensed as a kennel in accordance with the provisions of this By-law; (b) the premises is a pet shop; (c) the premises is used by the LCHS; (d) the premises are an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, c. V.3, as amended. 53. Despite Section 52 of this By-law, any person lawfully keeping more than the permitted number of dogs on his or her premises on the date this By-law comes into effect shall be permitted to keep said dogs on his or her premises, provided that such dogs are registered with the Town in accordance with this By-law within ninety (90) days of the date that this By-law comes into effect. If any dog is added or replaced by the owner, the owner will be required to obtain an appropriate Kennel license. 54. The onus of proving the exemption provided for in Section 53 shall be upon the person seeking the exemption. 55. The exemption provided for in Section 53 of this By-law shall be for the life of the dogs. Part IV -Cats Number of cats restricted 56. No person shall keep on their residentially zoned premises, more than three (3) cats over ten (10) weeks of age, and in no case on any property shall the number of cats exceed ten (10), unless: (a) the premises is a pet shop; (b) the premises are used by the LCHS; or Amended by 12-37 Amended by 15-81 Amended by 16-08 16 (c) the premises are an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended. 57. Despite Section 56 of this By-law, any person who is lawfully keeping more than the permitted number of cats on their premises on the date this By-law comes into effect shall be permitted to keep said cats on their premises provided the person advises the Town in writing of the number of cats on the premises, his or her name, current address and phone number within ninety (90) days of the date that the By-law comes into effect. 58. The onus of proving an exemption provided for in Section 57 of this By-law is upon the person seeking the exemption. 59. The exemption provided for in Section 57 of this By-law shall be for the life of the cats. Part V - General - Animals 60. Every owner of a dog or cat that is four (4) months of age or older shall ensure that the dog or cat is duly immunized against rabies and that the immunization is maintained as current. Transporting animals 61. For the purpose of this By-law, "roadway" means any street, highway or other place, whether publicly or privately owned, any part of which the public is permitted to use for the passage or parking of vehicles. 62. No person shall allow an animal to be outside of the passenger cab of a motor vehicle on a roadway, regardless of whether the motor vehicle is moving or stationary. Amended by 12-37 Amended by 15-81 Amended by 16-08 17 63. Notwithstanding Section 62, a person may allow an animal to be outside the passenger cab of a motor vehicle while on a roadway, including riding in the bed of a pick-up truck or flat bed truck, if the animal is: 1. in a fully enclosed trailer; 2. in a fully enclosed bed area of a truck, the dimensions of which permit the animal to fully stand up, sit down, tum around and lay down; or 3. contained in a crate or similar device manufactured for the confinement or transport of an animal, the dimensions of which permit the animal to fully stand up, sit down, turn around and lay down and which is securely fastened to the bed of the truck. 64. Notwithstanding Section 62, a person may transport an animal in the bed of a pick-up truck or flat bed truck provided that the animal is securely tethered in such a manner that it cannot jump, slide or be thrown from the truck, is not in danger of strangulation, and cannot reach beyond the outside edge of the bed of the truck. 65. No person shall keep an animal in any vehicle, part of a vehicle or trailer attached to a vehicle where doing so causes or may cause the animal illness, pain, injury or suffering or to become, subject to undue or unnecessary distress, hardship, privation or neglect. 66. A By-law Enforcement Officer may use any means as are necessary to remove an animal in need of assistance from a vehicle or any enclosed space and the Town shall be entitled to recover its costs for such removal from the registered owner of the vehicle or enclosed space. Tormenting animals 67. No person shall annoy, assault, batter, tease or torment an animal or wilfully. and recklessly kill or cause injury, pain or suffering to an animal. 68. Section 67 of this By-law shall not be interpreted so as to prohibit: Amended by 12-37 Amended by 15-81 Amended by 16-08 18 (a) a person who is a bona fide farmer engaged in a normal farming practice pursuant to the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended and any other applicable law; or (b) a person who is a bona fide hunter actively engaged in hunting in accordance with the Fish and Wildlife Conservation Act, 1997, R.S.O. 1997, c.41, as amended and any other applicable law during a permitted season to who has been issued such necessary licences and permits as may be required by the laws of the Dominion of Canada, the Province of Ontario and the Town. Trapping animals 69. No person shall trap any animal unless: (a) the animal is causing a nuisance to, or damaging, the aggrieved person's property; (b) the animal is trapped in a live trap; (c) the animal is trapped in a humane manner; (d) once trapped, the animal is not kept in a trap for more than 24 hours; (e) once trapped, the animal is sheltered from the elements, including the sun; and (f) the animal is trapped on the property of the aggrieved person. 70. No person shall set out any trap that causes or may cause injury, pain or suffering to an animal including, without limiting the generality thereof, killer traps, leg-hold traps and snares. 71. Any person who traps a domestic animal, in addition to the provisions of Section 69 and 70 of this By-law, shall only release the animal to: (a) the rightful owner of the animal; (b) an Officer; or (c) the Pound. 72. Sections 69 and 70 of this By-law shall not apply to a person trapping an animal where the person is licensed by the Ontario Ministry of Natural Resources or is otherwise authorized by law to trap the animal and such trapping shall be conducted in accordance with such applicable law. Amended by 12-37 Amended by 15-81 Amended by 16-08 19 Livestock 73. No person shall keep livestock on any premises in the Town unless the premises are zoned to permit the keeping of livestock by the Town's Zoning By-law No. 71- 74, as amended and any successor thereto. 74. For the purposes of this By-law, livestock shall be deemed to be running at large if found in any place other than the premises of the owner of the livestock and not under the control of any person. 75. No owner of livestock shall permit any livestock to run at large in the Town. 76. An Officer may seize any livestock that is found running at large in the Town and may cause such livestock to be delivered to the Pound. 77. Any person may seize any livestock that is found running at large in the Town and shall immediately cause such livestock to be delivered to the Pound or, if known, returned to the owner. 78. Any livestock seized pursuant to Sections 76 or 77 of this By-law shall be considered impounded at the time and place when it comes under the control of the Chief of Police, By-law Enforcement Officer or, in any other case, when delivered to the Pound. 79. The Pound may seize and impound any livestock running at large in the Town and shall make reasonable efforts to determine the identity of the owner of the livestock and to inform the owner that the livestock has been impounded in accordance with the Pounds Act, R.S.O. 1990, c P.17. 80. The Pound: (a) may provide such veterinary or other care for any injured or ill impounded livestock as may be necessary to sustain its life or relieve any distress; (b) shall be entitled to recover from the owner of the livestock, the cost of any veterinary or other care provided while the livestock was impounded, Amended by 12-37 Amended by 15-81 Amended by 16-08 20 ( c) shall be entitled to recover from the owner of the livestock, any pound fees for the redemption of the livestock. 81. The Pound may euthanize any impounded livestock without delay if, in the opinion of the Pound, such action is warranted for humane reasons. 82. The owner of any livestock impounded may obtain release of such livestock by first: (a) paying the costs and fees provided for in Sections 80 and 84 of this By-law; (b) taking any other action in relation to the care or control of the livestock that the Town or Pound may direct. 83. The Pound may, in accordance with the Pounds Act, R.S.O. 1990, c P.17: (a) release the livestock to its owner upon compliance with Sections 82 and 84 of this By-law; (b) keep, sell or dispose of the livestock. 84. The owner of any livestock found running at large shall be liable for all damages caused by such livestock and for the expenses incurred by the Town in seizing and/or impounding such livestock. 85. Whenever any impounded livestock is released to its owner, a record of such release shall be kept by the Pound. Wild animals 86. No person shall remove any wild animals from any public land in the Town unless authorized to do so by the Town and provided that the removal is done in a humane manner. 87. No person shall keep, or cause to be kept, any wild animal in the Town unless they are authorized to do so by law. Amended by 12-37 Amended by 15-81 Amended by 16-08 21 88. Despite Section 87 of this By-law, a person who comes into the possession of any wild animal that is injured or unable to fend for itself shall, as soon as is reasonable, but in no case longer than 24 hours after coming into possession of the wild animal: (a) release the wild animal back into the wild within 1 kilometre from where it was found; (b) surrender the wild animal to the care of the LCHS; or (c) surrender the wild animal to a person or facility licenced by the Ministry of Natural Resources to care for wildlife. Prohibited animals 89. No person shall keep, either temporarily or permanently, any animal listed in Schedule "B" unless the premises on which the animal is kept or is to be kept is zoned by the Town's Zoning By-law No. 71-74, as amended and any successor thereof, to permit a kennel and: (a) the person is authorized to keep the animal by law; or (b) the animal is a bird used for falconry. 90. Despite Section 89 of this By-law, a person who is lawfully keeping a prohibited animal on the date this By-law comes into effect shall be permitted to keep such animal on his or her premises provided that the animal is kept in an environment which is appropriate for the species and the owner has registered the animal by advising the Town in writing of the species of animal, the name, current address and phone number of the owner and providing a photograph clearly depicting the animal within ninety (90) days of the date that the By-law comes into effect. 91. The onus of proving the exemption provided for in Section 90 of this By-law is upon the person seeking the exemption. 92. The exemption provided for in Section 90 of this By-law is for the life of the prohibited animal. 93. The Town may maintain a list of all prohibited animals for which written notice has been received in accordance with Section 90 of this By-law. Amended by 12-37 Amended by 15-81 Amended by 16-08 22 94. Section 89 of this By-law shall not apply to: (a) any premises used by the LCHS; (b) any premises of the Government of Canada, the Province of Ontario, the Region of Niagara or the Town of Grimsby; (c) any lawful fair, circus or other entertainment event where animals are displayed; (d) premises of an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended; (e) premises owned or operated by any zoo or exhibit, permanently and lawfully located in the Town and where such premises or facilities are accredited by the Canadian Association of Zoos and Aquariums (CAZA); (f) areas of the Town in which professionally produced films are being lawfully made using such animals, provided that there is supervision by an agent or inspector of the OSPCA or one of its affiliates or branches; (g) any area of the Town in which educational programs are being lawfully conducted with such animals, provided that the animals are owned by institutions accredited by the Canadian Association of Zoos and Aquariums (CAZA) or the American Zoo and Aquarium Association, and only while the educational programs are actually being conducted; (h) premises registered as research facilities pursuant to the Animals for Research Act, R.S.O. 1990.c.A.22; (i) premises owned or operated by an Ontario College or University; (i) premises that are authorized by the Ontario Ministry of Natural Resources; or (k) premises owned and legally operated by an animal rescue organization registered with the LCHS or pursuant to other legislation. 95. For the purposes of this By-law, a prohibited animal shall be deemed to be running at large if found in any place other then the premises of the owner of the prohibited animal and not under the control of any person. 96. No person shall permit a prohibited animal to run at large. Amended by 12-37 Amended by 15-81 Amended by 16-08 23 Part VI - Administration Enforcement 97. Unless otherwise provided for herein, all provisions of this By-law shall be enforced by an Officer as defined in this By-law. 98. An Officer may issue a direction or order requiring that a person comply with the provisions of this By-law. 99. An Officer may enter upon land at any reasonable time for the purpose of carrying out an inspection to determine whether or not: (a) the provisions of this By-law are being complied with; or (b) a direction or order under this By-law is being complied with. 100. No person shall hinder or obstruct any Officer, or any person lawfully acting in aid of such Officer, in the execution of their duties under this By-law. Offences and penalties 101. Every person who contravenes any provision of this By-law is guilty of an offence and is liable upon conviction to a fine recoverable pursuant to the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended, or any successor thereto. Interpretation 102. Where a Court of competent jurisdiction declares any Section or part of a Section of this By-law invalid, the remainder of this By-law shall continue in force and effect unless the Court makes an order to the contrary. 103. For the purposes of this By-law, unless the context requires otherwise: (a) words imparting the singular number shall include the plural and words imparting the masculine gender shall include the feminine and vice versa; Amended by 12-37 Amended by 15-81 Amended by 16-08 24 (b) where a form of words or expression are prescribed in this By-law, deviations therefrom not affecting the substance or calculated to mislead do not vitiate them. 104. The schedules attached hereto shall form part of this By-law. Enactment 105. By-law No. 08-92, By-law No. 96-200, as amended by By-law No. 00-81, By-law No. 83-13, and any other by-law of the Town of Grimsby previously providing for the licencing, control and regulation of animals is hereby repealed. 106. This By-law shall come into force and take effect upon the date of passage. Short title 107. This By-law may be referred to as the "Animal Care and Control By-law". Read a first time this 1st day of February 2010 Read a second and third time and finally passed this 1st day of Feb 2010 R.N. Bentley, Mayor Schedule "A" Fees and charges Amended by 12-37 Amended by 15-81 Amended by 16-08 25 Item Description Fee (a) Unsterilized Dog Registration $75.00 (b) Sterilized Dog Registration $30.00 (c) Late dog registration unsterilized (after April 1) $100.00 (d) Late dog registration sterilized (after April 1) $75.00 (e) Kennel Registration $150.00 (f) Late Kennel Registration Surcharge after April 1 (surcharge) $100.00 (g) Replacement of Lost/Damaged/Destroyed Tag $5.00 Schedule "B" 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. 2. All dogs, other than domesticated dogs (Canis familiaris) including, but not limited to: wolf, fox, coyote, hyena, dingo, jackal, raccoon dog, bush dog and any hybrid offspring of a wild dog and domesticated dog. 3. All cats other than domesticated cats (Pelis Catus) including, but not limited to: lion, tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar, bobcat, lynx, serval and any hybrid offspring of a wild cat and domesticated cat. Amended by 12-37 Amended by 15-81 Amended by 16-08 26 4. All bears, including polar, grizzly, brown and black bear. 5. All Procyonidae, including raccoon, kinkajou, cacomistle, cat-bear, panda and coatimundi. 6. All carnivorous mammals of the family Viverridae including, but not limited to, civet, inongoose and genet. 7. All bats (Chiroptera). 8. All non-human primates, including, but not limited to, monkey, ape, chimpanzee, gorilla and lemur. 9. All squirrels (Sciuridae ). 10. Reptiles (Reptilia) (a) all Helodermatidae (gila monster and Mexican bearded lizard); (b) all front-fanged venomous snakes, even if devenomized, including, but not limited to, (i) all Viperidae (viper, pit viper), (ii) all Elapidae (cobra, mamba, krait, coral snake), (iii) all Atractaspididae (African burrowing asp), (iv) all Hydrophiidae (sea snake), and (v) all Laticaudidae (sea krait). (c) all venomous, mid- or rear-fanged, Duvernoy-glanded members of the family Colubridae, even if de-venomized, (d) any member or hybrid offspring of the family Boidae, including, but not limited to, the common or green anaconda and yellow anaconda, save and except members of the family Boidae reaching an adult length of no greater than two (2) meters, (e) any member of the family Pythonidae, including, but not limited to, the African rock python, the Indian or Burmese python, the Amethystine or scrub python, save and except members of the family Pythonidae reaching an adult length of no greater than two (2) meters, Amended by 12-37 Amended by 15-81 Amended by 16-08 27 (f) any member of the family Varanidae, including, but not limited to, the white throated monitor, the water monitor, the Komodo monitor or dragon, the Bomean earless monitor, the Nile monitor, the crocodile monitor, save and except members of the family Varanidae reaching an adult length of no greater than one (1) meter, (g) any member of the family Teiidae, including, but not limited to, the golden, common or black and white tegu, (h) all members of the family Chelydridae (snapping turtle and alligator snapping turtle) and Apalone (smooth soft shell turtle, Florida soft shell turtle, eastern spiny soft-shell turtle), (i) all members of the order Crocodylia, including, but not limited to, alligator, caiman and crocodile, (j) all other snakes that reach an adult length larger than three meters, and (k) all other lizards that reach an adult length larger than two meters. 11. Birds (Aves) a. all predatory or large birds (Accipitrids, Cathartids), including, but not limited to, eagle, hawk, falcon, owl, vulture and condor, b. anseriformes including, but not limited to, ducks, geese and swans, c. galliformes including, but not limited to, pheasants, grouse, guinea fowl and turkeys, and d. struthioniformes including, but not limited to, flightless ratites such as ostriches, rheas, cassowaries, emus and kiwis. Paragraphs (a) to (d) inclusive in Subsection (11) do not apply if the birds are kept as livestock pursuant to Section 75 of this By-law. 12. Arachnida and Chilopoda a. all venomous spiders including, but not limited to, tarantula, black widow and solifugid, scorpion, save and except the exception of the following species of tarantula: Chilean Rose (Grammostola rosea), Mexican Red- Knee (Brachypelma smithi), Pink-Toed (Avicularia avicularia ), and b. all venomous arthropods including, but not limited to, centipede. Amended by 12-37 Amended by 15-81 Amended by 16-08 28 13. All even-toed ungulates (Artiodactyla) including, but not limited to, antelope, giraffe and hippopotamus, but not including domestic sheep, cattle, pigs, pot-bellied pigs or goats. 14. All odd-toed ungulates (Perissodactyla) other than domesticated horses (Equus caballus) and zebra, including, but not limited to, rhinoceros and tapir. 15. All marsupials, including, but not limited to, Tasmanian devil, bandicoot, kangaroo, wallaby, opossum, wombat, koala bear, cuscus, numbat and pigmy, sugar and greater glider. 16. Sea mammals (Cetacea, Pinnipedia and Sirenia), including, but not limited to, dolphin, whale, seal, sea lion and walrus. 17. All elephants (Proboscides ). 18. All hyrax (Hyracoidea). 19. All pangolin (Pholidota). 20. All sloth and armadillo (Edentala). 21. All insectivorous mammals (Insectivora), including aardvark (Tubulidentata), anteater, shrew, otter shrew and mole. 22. Gliding lemur (Dermoptera). 23. All other venomous or poisonous animals. Schedule "C" Kennel operation standards for commercial and/or breeding kennels All Kennels operated in the Town shall maintain dogs in a clean, secure, and humane manner and shall comply with the following standards: Amended by 12-37 Amended by 15-81 Amended by 16-08 29 1. Dog cages and/or dog houses shall be so constructed as to be easily cleaned. All dogs shall be provided with food and water and treated in a humane manner. 2. Floors shall be: a) soundly constructed of hard, durable material; b) constructed of a material that may be readily sanitized; and c) maintained in a good state of repair free from cracks, holes and other damage. 3. Where there are floor drains: a) a floor drain and any trench installed in connection therewith that is used for waste disposal shall be flushed at such intervals as may be necessary to prevent any accumulation of waste that might impair the health or welfare of any dog in the room; b) the floor shall be so constructed and maintained that surface liquids thereon will drain into the drain; and c) the operator of the Kennel shall cause the drains to be examined as often as is necessary to ensure that they are functioning properly, have an adequate water seal and are not harbouring vermin. 4. Walls shall be: a) soundly constructed of hard, durable material; b) impervious to water to a height adequate for sanitary maintenance; c) constructed of a material that may be readily sanitized; and d) maintained in a good state of repair free from cracks, holes and other damage. 5. Where there is a door: a) every frame or moulding around the door opening shall be so constructed and maintained that it has no space or spaces capable of harbouring vermin; and b) the door shall be maintained in a good state of repair free from cracks, holes and other damage. 6. Where there is a window: Amended by 12-37 Amended by 15-81 Amended by 16-08 30 a) every frame or moulding around the window opening shall be so constructed and maintained that it has no space or spaces capable of harbouring vermin; b) means shall be provided to prevent the effects of direct sunlight through the window. c) the window shall be so constructed and maintained as to prevent the entrance of vermin through the window; and the window shall be maintained in a good state of repair free from cracks, holes and other damage. 7. Roofs and ceilings shall be: a) soundly constructed; and b) maintained in a good state of repair free from cracks, holes and other damage. 8. Where any pipe, drain, conduit or other service facility is installed through any floor, wall, or ceiling, the place where the pipe, drain, conduit or other service facility enters or leaves the room shall be so sealed as to prevent the entrance of vermin into the room. 9. Alleyways and service aisles between cages or pens shall be of sufficient width to permit the safe and efficient movement of persons and equipment and shall not be used for storage or accumulation of materials or equipment of any kind. 10. Every room in a kennel shall be maintained in a clean condition. 11. The operator of every kennel shall take all reasonable steps to prevent the spread of and to destroy vermin and invertebrates that may be harmful to the health, comfort or welfare of any dog in the kennel. 12. Every room that is used for the housing of dogs within a kennel shall be equipped with a lighting system that is so designed, constructed and maintained that: a) it distributes light as evenly and with as little glare as possible; and b) it provides adequate light for the proper observation of every dog in the room. Amended by 12-37 Amended by 15-81 Amended by 16-08 31 13. Every room that is used for the housing of dogs within a kennel shall be adequately lighted for a continuous period of at least eight hours in every twenty- four hour period. 14. Every room that is used for the housing of dogs within a kennel shall at all times be adequately ventilated for the heath, welfare and comfort of every dog therein. 15. Every room that is used for the housing of dogs within a kennel shall at all times be adequately maintained at a temperature suitable for the heath, welfare and comfort of every dog therein. 16. The operator of a kennel shall ensure that there is, in every day, on the premises on which the kennel is located, an adequate number of people competent in the care of dogs to properly care for every dog in the kennel. Every cage or pen used in a kennel for the housing of dogs shall be so constructed and maintained that: a) every animal in the cage or pen may comfortably: i. extend its legs to their full extent; ii. stand iii. sit iv. turn around; and v. lay down in a fully extended position b) it is not likely to harm any animal therein; c) any animal therein cannot readily escape; d) it minimizes as nearly as practicable the transfer of pathogenic agents; and e) it may be readily sanitized. 18. Where a group of dogs in a kennel is housed in a communal cage, pen or dog run, no individual dog shall be placed in the cage, pen or dog run with the group of dogs where the placing of the individual dog would result in harm to any of the dogs and, where the behaviour of the dogs in the cage, pen or dog run is such that harm is likely to result, any dog whose removal will prevent the harm from occurring shall forthwith be removed. 19. This section applies to all pens or cages in every kennel: Amended by 12-37 Amended by 15-81 Amended by 16-08 32 a) bedding material in every cage or pen shall be changed as often as is necessary to keep it dry, clean and free of noxious fumes; b) every dog that is housed in a cage or pen shall be removed from its cage or pen and changed to a freshly sanitized cage or pen as often as is necessary for its health and comfort; c) no dog shall be placed in a cage or pen that is vacant unless the cage or pen and equipment used in connection therewith have first been sanitized; d) where a cage is cleaned or sanitized, the cage rack or portion thereof used in connection with the cage shall be cleaned or sanitized at the same time; e) every animal shall be protected against liquid spray while a cage or pen is being cleaned; f) every device used to supply drinking water to a dog shall be maintained in a sanitary condition and shall be so constructed and maintained as to ensure: i) that the dog is receiving water; ii) the device is functioning properly; and g) every container for food or water shall be maintained in a sanitary condition. 20. The operator of every kennel shall take or cause to be taken all steps practicable to treat and prevent the spread of any disease found in any animal and to prevent distress to the animal. 21. Every pen used for the housing of dogs in any kennel shall be so constructed and maintained as to provide a clean, dry and safe surface adequate to permit the dogs to lie down in comfort at all times. 22. An outdoor dog run in a kennel may be used to provide dogs in the kennel with exercise subject to the following conditions: a) no dog shall be removed from indoor housing and placed in the outdoor dog run or removed from the outdoor dog run and placed in the indoor housing where to do so would result in the change in environment likely to cause harm to the dog; Amended by 12-37 Amended by 15-81 Amended by 16-08 33 b) the surface on which the dog run is established shall be so maintained as to rapidly drain all excess surface water; c) the dog run shall be so fenced as to prevent any dog from escaping; d) the dog run shall be kept in a clean condition free from any materials or equipment likely to cause harm to a dog; e) every dog in the dog run shall have access to individual shelters that are: i. readily accessible to the dog; ii. large enough to comfortably accommodate the dog; iii. so constructed and maintained as to provide protection from the effects of direct sunlight, precipitation and wind; and iv. that is dry and well drained. 23. All surfaces of yards and runways shall be covered in concrete or other nonporous materials or any other equivalent material. 24. All doorways and windows and outside openings shall be screened during the period of May 1st to October 1st of each year; and provide an effective barrier against the escape of any dog. 25. All kennels must at all times be maintained in a clean, sanitary condition. 26. Excretions, dead animals and other waste resulting from the operation of a kennel shall be removed and disposed of daily from the premises in a sanitary manner. 27. Subject to the Dead Animal Disposal Act, in any kennel, the carcass of an animal shall be: a) forthwith removed from the cage or pen; and b) except for the whole or a part of the carcass that is retained in a sanitary manner for research, forthwith disposed of. 28. Where the carcass of an animal is disposed of and the dead animal is not a dead animal as defined in the Dead Animal Disposal Act, the carcass shall be disposed of by: a) burying it with a covering of at least two feet of earth; Amended by 12-37 Amended by 15-81 Amended by 16-08 34 b) incineration; or c) delivery to a rendering plant: i. Licensed under the Dead Animal Disposal Act; or ii. Approved under the Meat Inspection Act (Canada) in a vehicle iii. constructed and equipped in accordance with the Dead Animal Disposal Act. iv. 29. A whelping facility/area should be separate from the individual and/or group kennel enclosures housing other kennel Dogs, thereby providing the whelping Dog with privacy. 30. Housing with wire floors is not acceptable. If wire floors must be used, a solid floored sleeping area must be provided and the Dog or pup must be given an opportunity to exercise on a larger solid floored area at least three times daily. The Corporation of the Town of Grimsby By-law 12-37 A By-law to amend By-law 10-06, a By-law to regulate animal care and control in the Town of Grimsby. Whereas the Council of the Town of Grimsby deems it expedient to amend By-law 10- 06, being a By-law to regulate animal care and control in the Town of Grimsby; Whereas Sections 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes a lower tier municipality to pass by-laws respecting animals; And whereas Section 9(3) of the said Municipal Act, 2001, provides that a by-law passed under Section 11 may regulate or prohibit respecting a matter, provide for a system of licences, permits, approvals or registrations and impose conditions as a requirement of obtaining, continuing to hold or renew a licence, permit, approval or registration; Amended by 12-37 Amended by 15-81 Amended by 16-08 35 Now therefore the Council of the Corporation of the Town of Grimsby enacts as follows: 1. That Schedule A to By-law 10-06 is hereby amended as follows: Spay or neuter dogs after July 31 $35.00 Non spay or non neuter dogs after July 31 $80.00 Read a first time this 4th day of June 2012. Read a second and third time and finally passed this 4th day of June 2012. The Corporation of the Town of Grimsby By-Law No. 15-81 A By-law to amend By-law No. 10-06; being a By-law to regulate animal care and control in the Town of Grimsby Whereas the Council of the Town of Grimsby deems it expedient to amend By-law 10- 06, Schedule A, being a By-law to regulate animal care and control in the Town of Grimsby; And whereas Part II, Section 9(10)(9) of the Municipal Act, 2001 as amended authorizes a lower tier municipality to pass by-laws respecting animals; Now therefore the Council of the Corporation of the Town of Grimsby enacts the amendment to By-law 10-06 attached as Schedule A. Amended by 12-37 Amended by 15-81 Amended by 16-08 36 Read a first time this 19th day of October 2015. Read a second and third time and finally passed this 19th day of October 2015. Schedule A to By-law 10-06 (Amendment, October 19, 2015) Fees and charges for dog licenses Item Description Fee (a) Dog registration $30.00 (b) Late dog registration (after April 1 of each year) $75.00 (c) Kennel registration $150.00 (d) Late kennel registration (after April 1 of each year) $250.00 (e) Replacement or lost/damaged/destroyed tag $5.00 The Corporation of the Town of Grimsby By-law No. 16-08 A By-law to amend By-law 10-06; being a By-law to regulate animal care and control in the Town of Grimsby. Amended by 12-37 Amended by 15-81 Amended by 16-08 37 Whereas the Council of the Corporation of the Town of Grimsby deems it expedient to amend By-law 10-06, as amended, in recognition of the establishment of Leash-Free Dog Parks within the Town; And whereas pursuant to Section 11 of the Municipal Act, S.O. 2001, c25, the Council of the Town of Grimsby has the authority to pass by-laws respecting matters related to animals; Now therefore the Council of the Corporation of the Town of Grimsby enacts as follows: 1. That By-law 10-06, as amended, is further amended by adding Section 31(c) as follows: 31 (c) The provisions of Sections 25 to 30 shall not apply to Leash- Free Dog Parks that are located within the Town of Grimsby known as the Steve McDonnell Leash Free Dog Park, Oakes Road Unopened Road Allowance Dog Run and Southward Park's Leash Free Dog Area, provided that at all times the dog is properly contained within the area designated as the Leash Free Dog Parks, is under the direct supervision of the dog owner and is in possession of a current dog license. 2. That this By-Law shall have effect immediately upon final passing. Read a first time this 1st day of February 2016. Read a second and third time and finally passed this 1st day of February 2016.