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The Corporation of the Municipality of Leamington
By-law 63-18
By-law to amend By-law No. 668-06,
Being a by-law to provide for the
regulation and registration of dogs.
Whereas Section 11 of the Municipal Act, 2001, authorizes lower tier municipalities
to pass by-laws with respect to animal control;
And Whereas the Council of The Corporation of the Municipality of Leamington at its
meeting held February 6, 2006 deemed it it necessary to enact By-law 668-06, being a by-
law to provide for the regulation and registration of dogs; and
And Whereas the Council of The Corporation of the Municipality of Leamington
deems it necessary to amend By-law 668-06.
Now therefore the Council of the Municipality of Leamington enacts as follows:
1. That By-law 668-06 be amended as follows:
Delete:
"13.
Upon payment of the applicable dog registration fee(s), the owner shall be
furnished with a dog tag bearing the serial number, the year for which the tag
was issued and the words "Municipality of Leamington".
Add:
"13.
Upon payment of the applicable dog registration fee(s), the owner shall be
furnished with a dog tag bearing the following:
-
the serial number,
-
the word "Leamington"; and
-
the phone numbers for the Municipality and the Animal Control Officer.
Read a first, second and third time and finally enacted this 13th day of November,
2018.
Signature on file
John Paterson, Mayor
Signature on file
Brenda M. Percy, Clerk
The Corporation of the Municipality of Leamington
By-law 44-17
A by-law to amend By-law 668-06, being a
By-law to provide for the regulation and registration of dogs
Whereas Section 11 of the Municipal Act, 2001, authorizes lower tier
municipalities to pass by-laws with respect to animal control;
And Whereas the Council for The Municipality of Leamington, at its meeting held
June 26, 2017 passed Resolution No. C-165-17 with regard to tethering of dogs;
And Whereas the Council for The Municipality of Leamington has deemed it
appropriate to amend By-law 668-06;
Now therefore the Council of the Municipality of Leamington enacts as follows:
1.
That Section 1 of By-law 668-06 be amended to include the following definition:
"Tethered means the fastening of a rope, chain, cord or similar restraining device
to a dog's collar or halter so that the animal can only range in an area limited to
the length of such rope, chain, cord or similar restraining device."
2.
That Section 6 of By-law 668-06 be amended to include the following:
6 a)
No person shall tether a dog for longer than 4 hours in a 24 hour period;
Read a first, second and third time and finally enacted this 10 day of July, 2017.
Signature on File
John Paterson, Mayor
Signature on File
Ruth Orton, Deputy Clerk
Amended by By-law 44-17 on July 10, 2017
THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON
BY-LAW 668-06
Being a by-law to provide for the
regulation and registration of
dogs.
WHEREAS Section 11 of the Municipal Act, 2001, authorizes lower tier
municipalities to pass by-laws with respect to animal control;
AND WHEREAS Section 103 of the Municipal Act, 2001, provides authority to
seize and impound animals and for the establishment of procedures for payment of
fines;
AND WHEREAS Council deems it necessary to enact a by-law for the control of
dogs within the municipality;
NOW THEREFORE BY ITS COUNCIL THE MUNICIPALITY OF LEAMINGTON
HEREBY ENACTS AS FOLLOWS:
1.
In this by-law:
a)
"Animal Control Officer" means a person appointed by the Council for
seizing and impounding dogs running at large.
b)
"Clerk" means the Clerk for the Municipality of Leamington.
c)
"Council" means the Council of The Corporation of the Municipality of
Leamington.
d)
"Dog" means any dog which has attained the age of three (3) months.
e)
"Dog Owner" means a person who owns, possesses, keeps or harbours a
dog, and where the person is a minor, then the person responsible for the
custody of the minor.
Amended by By-law 63-18 on Nov 13, 2018
By-law 668-06 Page 2
f)
"Kennel" means any building, part of a building, or area used for keeping
dogs that is registered or eligible for registration under The Animal
Pedigree Act R.S.C., 1985, c. 8(4th Supp.) and means a kennel of pure-
bred dogs registered in the Register of the Canadian Kennel Club
(C.K.C.), the American Kennel Club (A.K.C.), the Field Dog Stud Book
(F.D.S.B.) or the United Kennel Club (U.K.C.) of Kalamazoo, Michigan.
g)
"Leash" means a restraining device that is less than 1.8 meters in length
and attached to the dog and held by a person to keep the dog under
physical control.
h)
"Municipality" means The Corporation of the Municipality of Leamington.
i)
"Owns" includes possess, keep or harbour.
j)
"Running at large" means to be found in any place other than the
premises of the Dog Owner unless on a leash and under physical control
of a person.
2.
No person shall own a dog within the Municipality unless the person has
registered the dog with the Municipality in accordance with the provisions of this
by-law.
3.
Subject to Section 34, no person shall keep more than two (2) dogs in a dwelling
unit or on any premises.
4.
Every dog owner shall remove forthwith and sanitarily dispose of excretement left
by the dog within the Municipality.
5.
No person shall permit a dog to enter upon the private property of another
person without the property owner's consent.
6.
No dog owner shall allow such dog to run at large.
By-law 668-06 Page 3
7.
a)
Every dog owner shall keep such dog under physical control by means of
a leash at all times when the dog is any place other than the premises of the
Owner.
b)
Notwithstanding Section 7 (a), when a person is legally hunting wildlife,
then the person may keep the dog under physical control by means other than a
leash.
8.
The Clerk shall be responsible to establish and maintain a dog registration
system in accordance with this by-law.
9.
The Clerk shall keep a record showing the following dog registration information:
a)
name and address of dog owner;
b)
serial number of tag;
c)
date of registration;
d)
description of dog; and
e)
the amount of fee paid upon registration.
10.
Every dog owner shall make application every year to register each dog owned
by the Dog owner.
11.
Every dog registration application shall be accompanied by the following:
a)
description of dog including colour, breed and name;
b)
applicable fee;
c)
Veterinary information of the dog if applicable; and
d)
such other information as the Clerk deems advisable to ensure
compliance with and enforcement of any federal or provincial statute or municipal
by-law.
By-law 668-06 Page 4
12.
Every dog registration issued by the Clerk shall expire on the thirty-first day of
December of the year for which it is issued.
13.
Upon payment of the applicable dog registration fee(s), the owner shall be
furnished with a dog tag bearing the serial number, the year for which it was
issued and the words "Municipality of Leamington".
14.
The tag shall be fixed securely on the dog for which it was issued at all times
until such time as the tag is renewed or replaced.
15.
Where a tag has been lost, an application shall be made with the applicable fee
to the Clerk for a replacement tag. The replacement tag shall be issued one
time annually if the application is accompanied by proof that the current year's
registration fee has been paid.
16.
No person shall, within the Municipality of Leamington, unlawfully remove a dog
tag from a registered dog.
17.
Every owner shall notify the Clerk upon the change in ownership of a registered
dog.
18.
No person shall keep a dog kennel without registering with the Municipality.
19.
Every owner of a kennel shall pay to the Municipality a kennel registration fee for
each year or any portion thereof as may be established annually.
20.
Every kennel shall be kept in a clean and sanitary condition and free of refuse of
any kind at all times so as to prevent the arising of odours therefrom, and shall
be kept free of flies or vermin at all times.
21.
No kennel may be established except where it is permitted under the applicable
Zoning by-law in force from time to time.
By-law 668-06 Page 5
22.
No kennel with an outside area of confinement for dogs shall be constructed or
located within sixty (60) meters of any building used for human habitation on any
adjacent lot, and no outside area of confinement for dogs shall be constructed or
located within three meters of any property boundary line.
23.
All kennels may be subject to Inspection by the Medical Officer of Health for the
Municipality and where, in his opinion, a kennel deviates from the minimum
standards established by him, the Clerk shall be at liberty to revoke the
registration herein granted until such time as the Clerk is notified by the Medical
Officer of Health that the Kennel complies with these standards. The owner of
the kennel shall have a right to appeal the revocation to Council.
24.
Guide dogs within the meaning of the Blind Persons' Rights Act, handicap-aid
dogs and police service dogs, are exempt from the payment of all registration
fees applicable pursuant to this by-law.
25.
Where a dog is claimed from the Animal Control Officer, the owner shall provide
proof of ownership of the dog, as well as proof of a current dog registration, and
pay the Clerk the applicable maintenance charges prescribed, and any other
damages, fines and expenses according to law.
26.
The Animal Control Officer shall impound any dog seized by the Animal Control
Officer or delivered to the Animal Control Officer by a police officer or member of
the public.
27.
The owner of a dog which has been impounded for being at large shall be
entitled to redeem such dog within seventy-two (72) hours from the time of
impoundment, exclusive of the day of impoundment, statutory holidays, and days
during which the pound is otherwise closed, upon paying the Animal Control
Officer the applicable pound charges prescribed, and any other damages, fines
and expenses according to law.
By-law 668-06 Page 6
28.
Prior to the date that the Animal Control Officer is entitled to dispose of the dog
according to the provisions of Section 27 of this by-law, the owner of a dog that
has been impounded may, upon application to the Clerk, claim the dog.
29.
Where a dog that is impounded is not claimed by the owner thereof within the
redemption period specified under this by-law, the Animal Control Officer may
retain the dog for such further time as he may consider proper and during that
time the Animal Control Officer may:
a)
sell the dog for such price as they may consider proper;
b)
euthanize the dog;
c)
dispose of the dog in accordance with the Animals for Research Act.
30.
Where a dog that is captured or taken into custody is injured or in the opinion of
the Animal Control Officer, should be destroyed without delay for humane
reasons or for reasons of safety to person or animals, the Animal Control Officer
or other trained person appointed by the Clerk, may euthanize the dog in a
humane manner as soon after capture or taking into custody as he may
determine, and may do so without permitting any person to reclaim the dog or
without offering it for sale.
31.
In the opinion of an Animal Control Officer, where a dog cannot be safely
captured or where the safety of persons or animals are endangered, the Animal
Control Officer or other trained person appointed by the Clerk, may euthanize the
dog and no damages or compensation shall be recovered by the owner of the
dog for said destruction.
32.
Where a dog is captured or taken into custody, and the services of a veterinarian
are secured by the Animal Control Officer, the owner shall pay to the Animal
Control Officer all fees and charges of the veterinarian in addition to all other
fees and per diem charges payable under this by-law, whether the dog is alive,
dies or is euthanized.
By-law 668-06 Page 7
33.
No compensation, damages, fees or any other sum of money on account of or by
reason of the impounding, euthanasia or other disposal of the impounded dog in
the course of the administration and enforcement of this by-law shall be:
a)
recovered by any owner or other person; or
b)
paid by the Clerk or the Municipality of Leamington.
34.
a)
A dog owner residing in the former Township of Mersea may own up to a
maximum of five (5) dogs, provided that the dog owner owned the dogs
prior to February 6, 2006.
b)
The onus of providing the date of ownership of the dogs shall be on the
dog owner.
c)
After December 31, 2006, the dog owner must provide proof of
registration of the dog with the Municipality to exempt the dog owner from
Section 3 of this by-law.
35.
A dog owner may apply to Council for a resolution exempting them from the
provisions of this by-law based upon extraordinary circumstances, but any
exemption granted shall be for a set term not exceeding twelve (12) months.
36.
Any person who contravenes any provisions of this by-law is guilty of an offence
and is liable, upon conviction, to the maximum penalty as prescribed by the
Provincial Offences Act, R.S.O., 1990, c.P. 33, as amended, and all such
penalties and costs may be recovered under the Provincial Offences Act.
By-law 668-06 Page 8
37.
Leamington By-law 4049-92 and By-law 4328-96 and Mersea By-law 5063 shall
be repealed on the date this by-law comes into force and effect.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS
6TH DAY OF FEBRUARY, 2006.
Signature on file
___________________________
JOHN ADAMS, Mayor
Signature on file
___________________________
BRIAN R. SWEET, Clerk
PROY'N CI AL OFFENCES ACT
Porl I
lT lS ORDERED pursuont to the provisions of the Provinciol Offences Act ond
the rules for the Ontorio Court of Justice thot the omount set opposite eoch
of the offences in the schedule of offences under the Provinciol Stotuies
ond Regulotions fhereunder ond Municipol By-low No. 668-06, os
omended, of the Municipolity of Leomington, ottoched hereto ore the set
fines for those offences. This Order is to toke effect November I 0,2017.
Doted of London this l0t' doy of November 2017.
Stephen J. Fuerth
Regionol Senior Justice
West Region
THE CORPORATION OF THE MUNICIPALITY OF LEAM¡NGTON
By-law 668-06, as amended; being a by-law to provide for the regulation and registration of dogs
Part 1 Provincial Offences Act
Set Fine Schedule
Note: The general penalty provision for the offences indicated above is Section 36 of By-law 668-06, as amended, a certified
copy of which has been filed.
COLUMN 3
Set Fine
$100.00
$200.00
$100.00
$100.00
$100.00
$100.00
$200.00
$300.00
COLUMN 2
Provision Creating or
Defining Offence
Section 2
Section 3
Section 4
Section 4
Section 6
Section 14
Section '18
Section 6 a)
COLUMN 1
Short Form Wording
Fail to register dogs
Keep more than two dogs
Failto remove dog excrement
Fail to dispose of dog excrement in a sanitary manner
Permit dog to run at large
Fail to keep dog tag securely fixed on dog
Keep a kennel without registering
Tethering a dog for longer than 4 hours in a 24 hour period
ITEM
'1
2.
3
4
5
6
7
B