Kennel By-law No. 4/2017

Guelph/Eramosa, Ontario · No. 4/2017 · adopted 2017-01-16 · summary & facts

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Page 1 of 13 The Corporation of the Township of Guelph/Eramosa By-law Number 4/2017 A By-law to provide for the licensing and regulation of breeding and boarding kennels within the boundaries of the Township of Guelph/Eramosa. WHEREAS Section 11, of the Municipal Act, S.O. 2001, c.25, as amended, authorizes municipalities to pass by-laws to regulate animals; AND WHEREAS; Section 11, of the Municipal Act, S.O. 2001, c.25, as amended, also authorizes municipalities to pass by-laws respecting the health, safety and well-being of persons; AND WHEREAS Section 151 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes a municipality to licence, regulate and govern businesses within the municipality; AND WHEREAS Council for the Township deems it expedient to regulate dogs within the Township of Guelph/Eramosa; AND WHEREAS Council deems it desirable to license, regulate, govern the business of kennels in order to ensure consumers are protected; AND WHEREAS By-law No. 30/2010 is hereby repealed; and NOW THEREFORE the Council of the Corporation of the Township of Guelph/Eramosa enacts as follows: THAT this by-law shall be composed of nine (9) parts containing various sections, namely: Part 1 Definitions Part 2 Prohibitions Part 3 Licensing Requirements Part 4 Regulations for Licensees Part 5 Kennel Regulations Part 6 Fencing Specification Part 7 Kennel Personnel Responsibilities Part 8 Enforcement Part 9 Miscellaneous Schedule A Set Fine Schedule 1. DEFINITIONS 1. For the purpose of this by-law the term: a. "Animal" means any member of the animal kingdom, other than a human. b. "Applicant" shall mean any person that has a license under this by- law, any person that applies to the Township for a license or renewal of a license under this by-law and any person whose license under this by-law is being considered for revocation or suspension. c. "Cat" means a male or female cat over the age of twelve (12) weeks. Page 2 of 13 d. "Cattery" means an establishment for the breeding and/or boarding of cats. e. "Clerk" means the Clerk of the Township of Guelph/Eramosa or his/her designate. f. "Council" means the Council of the Corporation of the Township of Guelph/Eramosa. g. "Dog" means a male or female dog over the age of twelve (12) weeks but does not include a guide dog. h. "Dog Tag License" means a marking device issued on an annual basis by the Township of Guelph/Eramosa. i. "Dwelling Unit" means a room or group of rooms in a building used or designed or intended to be used by one (1) or more persons as a single, independent and separate housekeeping unit and is permitted and legal in accordance with the Township Zoning By-law. j. "Enclosure" includes areas where animal(s) are contained and may include an inside or outside area. k. "Guide Dog" shall mean a dog trained as a guide for a disabled person and having the qualifications prescribed by the regulations to the Blind Persons' Rights Act, R.S.O. 1990,c.B.7, or having certification by Hearing Ear Dogs of Canada or Special Skills Dogs of Canada. l. "Intact" means an animal that has not been altered, i.e., spayed (female) or neutered (male). m. "Kennel" means a place where a minimum of three (3) dogs or four (4) cats are housed, boarded, bred, trained, sold or kept and which is licensed by the Township under the provisions of the Municipal Act S.O. 2001, c.25, but does not include a Veterinary Clinic as defined herein. Accessory retail sales and accessory Pet Grooming are permitted. Notwithstanding, the definition of Kennel does not apply to where dogs are kept as working dogs associated to a Livestock Facility as defined. The limit shall be four (4) where the Township is satisfied this criterion has been met. i. "Boarding Kennel" means a building, premises or place in which more than three (3) dogs or four (4) cats are maintained or cared for, for remuneration or otherwise to a maximum number based on the square footage of the housing up to a maximum number of fifty (50) dogs and/or twenty (20) cats. ii. "Breeding Kennel" means a building, premises or place in which more than three (3) dogs, or four (4) intact cats, are bred for remuneration or otherwise to a maximum number based on the square footage of the housing up to a maximum number of ten (10) intact dogs or cats. n. "License" means a license issued pursuant to this by-law. o. "Licensee" means the holder of a Kennel license who is the owner of the property. p. "Livestock Facility", means one or more barns or permanent structures intended for keeping or housing of livestock with livestock occupied portions, which are areas of the structure where the livestock spend a majority of their time thus allowing substantial Page 3 of 13 amounts of manure to accumulate. A livestock facility also includes all manure or material storages and anaerobic digesters. For the purposes of this definition livestock includes animals identified in the Ontario Ministry of Agriculture, Food and Rural Affairs Minimum Distance Separation Implementation Guidelines. q. "Nuisance" means any activity or action which disturbs or is likely to disturb any individual. r. "Officer" means the By-law Enforcement Officer authorized by the Council of the Township for the purposes of enforcement of Township by-laws and shall also include his or her designate and may include: Animal Control Officers, including the Supervisor of Animal Control, Ontario SPCA Officers, Officers of the Ontario Provincial Police services, and the Medical Health Officer. s. "Owner" means a person who keeps, harbours or who has custody of an animal, and, in the case of a minor, includes the person responsible for the custody of the minor. t. "Operator" includes a proprietor, or any other person who alone or with others, operates, manages, supervises, runs or controls a business, and "operate", "operation" and other words of like import or intent shall be given a corresponding meaning. u. "Property Owner" shall mean the registered legal owner of the land on which the Breeding or Boarding Kennel is located or proposed Kennel may be located. v. "Township" means the Corporation of the Township of Guelph/Eramosa. w. "Veterinarian" means a person registered to practice veterinary medicine under the Veterinarians Act, R.S.O. 1990, c. V.3. x. "Veterinary Clinic", means a building or part thereof wherein animals of all kinds are treated or kept for treatment by a registered veterinarian within the meaning of Provincial legislation, and includes facilities where animals can be temporarily boarded while undergoing treatment. y. "Zone" means a zone as designated in the Township Zoning By-law, as amended, pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended. 2. PROHIBITIONS In the Township no person shall: a. carry on the business of a kennel except in accordance with the provisions set out in this by-law; i. without a license to do so issued under this by-law; ii. without having paid the required fees for the license as set out in Fees and Charges By-law; iii. at a location other than for which a license is issued under this by-law; iv. under any other name than the one endorsed on his/her license issued under this by-law; and b. hold themselves out as being licensed to carry on a business of a kennel if the person is not so licensed; Page 4 of 13 c. transfer or assign a license issued under this by-law; d. obtain a license by providing mistaken, false or incorrect information; e. obtain a license having been convicted under the Criminal Code of Canada for animal abuse, or had charges under the Dog Owner's Liability Act (DOLA) R.S.O. 1990, c. D.16 or the Ontario Society for the Prevention of Cruelty to Animals Act (OSPCA). R.S.O. 1990, c. O.36 3. LICENSING REQUIREMENTS a. Every person who carries on a business of a boarding kennel or breeding kennel in the Township shall be licensed under this by- law. b. The license shall be taken out annually and are valid for 365 days (one year) from the date of application approval and payment. c. Before licensing any kennel, or renewing an existing kennels licence, the Township shall require the applicant to complete the application form, pay the required annual fee in accordance with the Fees and Charges By-law; as amended from time to time, and produce evidence satisfactory to the Clerk or designate that the kennel is being or shall be operated, within the standards and conditions as set out within this by-law. d. Every person who owns or operates a kennel shall permit an animal control officer, upon production of proper identification, to enter and inspect the kennel at all reasonable times for the purposes of determining compliance with the license and the provisions of this by-law or any other by-laws of the municipality applicable to a kennel. e. Every application for renewal of a license shall be completed and delivered to the Clerk or designate thirty (30) days prior to the expiry date of the license. f. A license issued to an applicant shall be non-transferrable. g. The kennel must employ at least one person who dwells on the property. h. A kennel must comply with all applicable by-laws and regulations such as noise and parking regulations. i. A license to operate a kennel shall be subject to such terms and conditions set out in the license and no person shall operate a kennel except in accordance with the terms and conditions of the kennel licence issued by the Township. Notwithstanding the provisions of this by-law, the Township may attach a condition to a kennel licence limiting the number of dogs which may be kept in the kennel. Location Requirements j. A kennel must be located within the Agricultural (A1) Zone or the Extractive Industrial (M3) Zone, and shall be secondary to an agricultural use as defined within the Township Zoning By-law. Page 5 of 13 k. A kennel must be appropriate for rural servicing and be compatible with agricultural uses. l. A kennel and all associated structures must be setback as prescribed by the Township's Comprehensive Zoning By-law. Application Procedure m. Every applicant applying for a new license for a kennel shall submit the following documentation to the Clerk or designate: i. a fully completed application form; ii. the appropriate license fee; iii. documentation, satisfactory to the Clerk or designate, that the applicant is the property owner of the land at the location; iv. proposed floor plans including room labels and dimensions for any kennel buildings to be constructed; v. documentation from the Planning Department that the property upon which the kennel will operate is appropriately zoned and operating an agricultural use; vi. a site plan drawing to scale approved by the Township, including but not limited to, the location of all buildings or structures on the subject property, including the location of all buildings, structures, dog runs, waste containment, or facilities to be used for kennel purposes. The site plan shall also specify the distance separating the kennel from all property lines as well as all buildings and their existing use situated on the adjacent properties; vii. in the case of a boarding kennel, proof of insurance by way of certificate of insurance showing a minimum limit of two million dollars ($2,000,000) in commercial general liability; viii. in the case of a breeding kennel, proof of valid membership in the Canadian Kennel Club or any other association incorporated under the Animal Pedigree Act (Canada), R.S.C., 1985, c. 8 (4th Supp.), or in the case of cats, proof of valid membership in the Canadian Cat Association and its feline purebred registry; ix. a list of all dogs and cats to be permanently kept at the subject property, noting verification of current rabies vaccination or titer testing for each dog (except where there is proof that the dog is under four (4) months of age); x. the original results of a criminal information request which shall determine whether the applicant has been convicted of any federal, provincial or municipal law pertaining to animal cruelty. Exemptions n. No licence shall be required for; i. an animal shelter operated by or on behalf of the Township, or a public authority; ii. a publicly funded educational institute; iii. an animal shelter operated by a branch or affiliate of the Ontario Society for the Prevention of Cruelty to Animals; iv. a veterinary hospital, clinic, office or veterinary service lawfully operated and supervised by a veterinarian licensed to practice in Ontario; v. a facility in which animals are placed for care pursuant to the Pounds Act, R.S.O. 1990, c. P.17; vi. a facility registered as a research facility in accordance with the Animals for Research Act, R.S.O. 1990, c. A.22; Page 6 of 13 vii. a location or premises in the Township where the dog(s) at that location are individually licensed with a dog tag and owned by a person residing at the property, only where there number of dogs kept is not more than two (2), or four (4) intact cats Existing Kennels o. Any kennel that lawfully existed prior to the effective date of this by-law shall be deemed to comply with this by-law and may be maintained or repaired to the same location, height and dimensions as previously existed. p. Notwithstanding the above, where an existing kennel is replaced or substantially altered, the replacement and or, alteration shall be constructed in accordance with this by-law. 4. REGULATIONS FOR LICENSEES General Licensee's Responsibilities a. Every licensee shall at all times: i. comply with the provisions contained in this by-law; ii. post the license in a conspicuous place at the fixed place of the business; iii. notify the Clerk or designate within seven (7) days of any changes in his or her business or residential address; iv. maintain and make readily available to personnel at all times written animal care procedures dealing with, amongst other matters, methods of handling animals, sickness, emergency situations, injury or death and contact information for a veterinarian; v. ensure that excrement and other waste resulting from the keeping of animal(s) shall be removed from the premises as necessary and in accordance with any applicable by- laws or regulations and in a manner that avoids any offensive odours from emanating to surrounding properties, and is disposed of in a manner that will not create a public nuisance or health hazard; vi. ensure that the premise is sanitary, well ventilated and free of offensive odours; vii. ensure that before any animal is taken into any kennel, that each animal is current in its vaccinations against rabies and that every animal be inspected for distemper or other contagious or infectious disease (including any flea infestation); and viii. ensure all dog(s) boarded at the kennel shall be individually licensed with a Dog Tag License for the current year from the municipality in which the dog resides. Nuisance b. Every licensee shall take all reasonable and humane steps to prevent nuisance caused by undue noise; and i. ensure that dogs are not barking and creating noise to disturb the neighbouring property owners; ii. where the municipality receives a complaint about noise emissions from a licensed kennel, an animal control officer shall investigate such complaints and may at his or her sole discretion initiate a prosecution with respect to nuisance barking; iii. where a kennel is found guilty of 3 or more violations of nuisance barking in one license term, the Officer may Page 7 of 13 order the licensee or operator to submit, at its expense, a noise evaluation study prepared by a qualified acoustical consultant and may suspend the license to operate a kennel until such time as the noise evaluation study has been reviewed and approved by the municipality and satisfactory arrangements for the implementation of any noise abatement measures have been made, including the entering into of any agreements and the posting of any securities required to ensure the completion of any required noise abatement measures. Care of Animals c. Every Licensee shall: i. before any animal is taken into any kennel, all kennels shall inspect such animal for contagious or infectious disease. Should any kennel have an outbreak of any such disease, the kennel may be closed at any time by the Officer or any other person appointed by the Township or authorized by Provincial statute for such purpose. ii. ensure that any animal suffering from any disease, ailment or injury shall be provided with adequate and appropriate medical attention to ensure the animals health and welfare and that the animal is kept in a quarantine area, separate from all other animals, until a veterinarian certifies that the animal is in good health; iii. provide each species of animal with adequate food specific to the animals' needs; iv. ensure that every animal has access to clean water at all times; v. keep animal(s) in clean, healthy conditions, free of vermin and disease; vi. provide adequate light specific to the needs of each species of animal; vii. provide animals with the opportunity to exercise; and viii. ensure animals have access to shelter if and when required. Records d. Every licensee shall record and keep: i. the names and addresses of the owners of all the animals boarded at the kennel; ii. emergency contact number for the owners of the animals; iii. the name, breed, description, health, dog licence number, vaccination information and micro-chip number if available; iv. daily health record and any behavioural incidents; v. cleaning and maintenance logs; vi. exercise logs for dogs; vii. the dates of arrival and departure of all animals; viii. for breeding kennels; breeding and identification records of all whelping bitches/queens, stud dogs/cats, and resulting litter records e. Such records shall be kept for a minimum of twenty-four (24) months after the animal has left the kennel; and shall ensure the records are available for inspection by the Township during business hours. Page 8 of 13 f. All kennels shall maintain written policies on animal care and kennel operation that shall include procedures for illness, injury, death, transportation, and emergency phone numbers which shall be posted and accessible to kennel owners and staff at all times. Revocation and Suspension g. The Clerk or designate may suspend a licence if the licensee fails to comply with any provision of this by-law and such non- compliance is not remedied within the given time-line, following notice from the Township specifying the particulars of the noncompliance, and has the authority to revoke the licence if necessary. 5. KENNEL REGULATIONS a. Every person owning or operating a Boarding and/or Breeding Kennels shall comply at all times with the following standards: i. the maximum number of dogs to be kept in a boarding kennel shall be no more than 50 dogs, however the Township reserves the right to limit this number based on the suitability of the kennel facility; ii. the kennel building shall be a fully enclosed separate building and shall not be attached to any building used or capable of being used for human habitation; iii. animals shall be housed in an individual enclosure, with the exception, in the case of a boarding kennel, where the animal owner expresses a specific desire for their animals to be housed together and it would not be deemed inhumane to do so; iv. if both dogs and cats are to be kept, each species must be housed in completely separate kennel areas, with a full partition wall so that there is no transferring of noise from one kennel area to the other; v. every kennel shall be maintained in a clean and sanitary condition at all times which shall include the removal of excrement, refuse and debris a minimum of twice daily, or as often as required. The litter box for cats shall be cleaned a minimum of twice daily with litter refreshed where required and a minimum of one litter box per adult cat shall be required. vi. animals shall be provided access to fresh drinking water at all times. vii. animals shall be fed adequate and contaminant-free food in an amount capable of maintaining full health. viii. kennels shall be monitored, supervised, and managed to ensure the safety of animals, staff or the public. ix. animal housing areas within the kennel building shall have: a. natural and electric lighting; b. windows which may be opened for proper ventilation and a heating, ventilation, and air conditioning (HVAC) system c. hot and cold running water d. heating and cooling source with thermostat x. in the case of a breeding kennel, a. For dogs - whelping areas shall be separated from other areas of the kennel. b. For cats - queening areas shall be separated from other areas of the kennel xi. In the case of a breeding kennel, Page 9 of 13 a. No bitch or queen shall be mated if it is less than 18 months old; b. No bitch or queen shall give birth to more than six (6) litters; xi. No bitch or queen shall have more than two (2) litters per licensing year up to twelve (12) weeks of age xii. Every person who owns or operates a kennel shall comply with the recommendations set out in "A Code of Practice for Canadian Kennel Operations" (Canadian Veterinary Medical Association, 2007) and "A Code of Practice for Canadian Cattery Operations (Canadian Veterinary Medical Association, 2009) or the most recent version of said documents. 6. FENCING SPECIFICATIONS a. Every person owning or operating a Boarding and/or Breeding Kennels shall comply at all times with the following fencing standards: i. outdoor runs shall be completely enclosed with no less than 12 gauge chain link fencing, or material of equal strength. ii. all fencing used must be a minimum of 1.82 m (6 ft) in height. iii. in addition to the outdoor runs being fenced, there must be an additional kennel area perimeter fence constructed of solid wood (no spacing between panels) and must be a minimum of 1.82 m (6 ft) in height. iv. no dogs will be left outside between the hours of 11:00 pm and 7:00 am. v. all fencing associated with a kennel is considered a structure, as defined within the Township's Zoning By-law, and must be set back in accordance with the provisions of the Township's Zoning By-law. 7. KENNEL PERSONNEL a. Every owner of a kennel, operator, or licensee thereof shall: i. permit only persons to operate or manage a kennel who are skilled and conscientious in animal care, and who have knowledge of the characteristics, care and handling of the animal(s) entrusted to their care; ii. permit only persons to attend to the care, feeding and cleaning of animal(s) in the kennel, who have been adequately trained, commensurate with their responsibilities, by the kennel owner, and who demonstrate that they are able to discharge their responsibilities in a positive, caring matter; iii. in the case of a boarding kennel, provide for a staff ratio of 1 employee for every 10 boarded dogs, up to a maximum of 50 dogs. Page 10 of 13 8. ENFORCEMENT Inspection a. An Officer, upon producing the appropriate identification, may enter on to land and inspect any lands to determine whether the provisions of this by-law, an order, or notice issued under this by-law or a condition of the licence issued under this by-law have been complied with. b. For the purposes of an inspection, an officer may, i. require the production for inspection of any document or things relevant to the inspection; ii. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; iii. require information from any person concerning a matter related to the inspection; and iv. alone, or in conjunction with a person possessing special or expert knowledge make examination or take tests, samples or photographs necessary for the purposes of the inspection; and, v. upon request, a licensee shall provide an officer with medical reports for any animal. c. No person shall withhold, destroy, conceal or refuse to furnish any information or thing required by an officer for the purposes of an inspection. d. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. e. The Clerk, Officer and other agencies as the Clerk or officer deem necessary may at any reasonable time inspect: i. any premises or place where a business which is subject to this by-law is carried on or where there are reasonable or probable grounds to believe a business is being carried on; or ii. any goods, equipment, book, record or documents used or to be used by the licensee in relation to a licence issued under this by-law. Obstruction f. No Person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this by-law. Offence and Penalty g. It shall be an offence to obstruct or permit the obstruction of such inspection. h. Every person who contravenes any provision of this bylaw is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. c. P. 33 i. Every person who contravenes any of the provisions of this by-law, and every director of a corporation who concurs in such contravention by the corporation is guilty of an offence and on Page 11 of 13 conviction liable to a maximum penalty of $25,000 for a first offence and $50,000 for any subsequent offence. j. Where a corporation is convicted of an offence under this by-law, the maximum penalty is $50,000 for a first offence and $100,000 for any subsequent offence. k. On conviction, a person may be liable: i. upon a first conviction, to a fine of not less than $100.00 and not more than $50,000.00; ii. upon a second or subsequent conviction for the same offence, to a fine of not less than $400.00 and not more than $100,000.00; iii. upon conviction for a continuing offence, to a fine of not less than $100.00 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000.00; and iv. upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100.00 and not more than $10,000.00. The total of all fines for each included offence is not limited to $100,000.00. l. For the purposes of this by-law: i. "multiple offence" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law; and ii. A "subsequent offence" means a second or subsequent offence if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence. Collection of Unpaid Fines m. Pursuant to Section 441 of the Municipal Act, if any part of a fine for a contravention of a business licensing by-law remains unpaid after the fine becomes due and payable under section 66 and 69 of the Provincial Offences Act, RSO 1990, c.p.33, including any extension of time for payment ordered under that section, the Clerk or designate may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than 21 days after the date of the notice. If the fine remains unpaid after the final date specified on the notice, the fine is deemed to be unpaid taxes purposes of section 351 of the Municipal Act and may be added to the person's tax roll and collected in the same manner as property taxes. Page 12 of 13 9.0 MISCELLANEOUS Severability a. If any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of the Township to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all remaining sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect. Conflict b. In the event of a conflict between any provision of this by-law and any applicable Act or regulation, the provision that is the most restrictive prevails. Effective Date c. This By-law shall come into force upon the date of its passing. Short Title d. The short title of this By-law is the "Township Kennel By-law" READ three times and finally passed this 16th day of January, 2017. _______________________ Chris White, Mayor Amanda Knight, Acting Clerk Page 13 of 13 Set Fine - Schedule A Township of Guelph/Eramosa Part I Provincial Offences Act By-law No. 4/2017: Breeding and Boarding Kennels Item Short Form Wording Provision Creating or Defining Offence Set Fine 1 Not obtaining a license to operate a kennel Section 3 (a) $350.00 2 Not permitting inspector to enter and inspect kennel Section 3 (d) $250.00 3 Operating kennel in unsanitary condition Section 4 (a) (vi) $350.00 4 Allowing dogs to nuisance bark Section 4 (b) $200.00 5 Not providing adequate and appropriate medical attention Section 4 (c) (ii) $350.00 6 Not providing an opportunity for exercise Section 4 (c) (vii) $200.00 7 Failing to maintain records Section 4 (d) $150.00 8 Failing to equip kennel with clean accessible fresh water Section 5 (a) (vi) $350.00 9 Failing to provide animal with adequate and contaminant-free food Section 5 (a) (vii) $350.00 10 Failing to provide kennel with adequate natural or artificial light Section 5 (a) (ix) (a) $200.00 11 Failing to provide kennel with proper ventilation or sufficient heat Section 5 (a) (ix) (b) $200.00 12 Run or pen not surrounded by sturdy fence with a minimum height of 1.82 meters (6 ft) Section 6 (a) (ii) $200.00 13 Failing to provide additional kennel area perimeter fence Section 6 (a) (iii) $200.00 Note: the general penalty provision for the offences listed above is section 8 of bylaw 4/2017, a certified copy of which has been filed.