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| ~ Township of Lucan Biddulph |
| BY-LAW NO. 79-2021 |
BEING A BY-LAW TO PROVIDE FOR THE LICENCING, CONTROL
| AND REGULATION OF ANIMALS WITHIN
| | THE TOWNSHIP OF LUCAN BIDDULPH |
| WHEREAS Section 11(3) of the Municipal Act, S.O. 2001, c. 25 provides for the |
| |
| | authority for lower tier municipalities to pass by-laws regarding animals; |
| | |
| | WHEREAS Section 103(1) of the Municipal Act, S.O. 2001, c. 25 provides that |
| |
| | municipalities may pass a by-law regulating or prohibiting with respect to the being at
|= | large or trespassing of animals and may provide for seizure, impounding and sale of
| | such animals being at large or trespassing contrary to the bylaw; |
| |
| WHEREAS Section 105 of the Municipal Act, S.O. 2001, c. 25 provides that a |
| | municipality shall, upon the request of the owner of the dog, hold a hearing to |
determine whether or not to exempt the owner in whole or in part from the requirement |
to muzzle a dog; |
| WHEREAS Section 12 of the Dog Owners' Liability Act, R.S.O. 1990, c. D. 16
| designates a Municipal Law Enforcement Officer as a Peace Officer for the purposes |
| of enforcing the Act; |
|
| | AND WHEREAS the Township of Lucan Biddulph deems it desirable to pass a by-law |
| with respect to the control of animals and prohibited animals; |
|
| | NOW THEREFORE the Council of the Corporation of the Township of Lucan Biddulph |
| | enacts as follows: |
| | |
| 1. DEFINITIONS:
| For the purpose of this by-law:
a) "Animal Control Officer" means the person or agency so designated by |
| | the Council of the Township, and any employees or agents of such |
| person or agency, to carry out the provisions of this by-law.
| b) "Commercial Dog Kennel" means any building, pen or other structure, but |
not including a building used for human habitation, in which a dog or }
| dogs not belonging to the owner of the property in return for payment of a |
fee are kept for breeding or boarding. |
| 23) "Dog" means any animal of the canine species irrespective of sex or |
neutering/spaying, including any wolf or wolf cross breed, harbored or |
| kept by any person.
|
d) "Dog Kennel" means any building, pen or other structure, but not a |
| building used for human habitation, in which purebred dogs are kept as |
| pets for show and/or breeding.
r e) "Dog Owner's Liability Act" means the Dog Owner's Liability Act, R.S.O.
| 1990 c.D.16. |
f) "Dwelling Unit" means one or more habitable rooms designed for use by |
| or occupied by not more than one (1) family and in which separate |
| kitchen and sanitary facilities are provided for the exclusive use of such a
family, a private entrance from outside the building or from a common |
hallway or stairway inside the building.
| | g) "Exotic Animal" means an animal not indigenous to Canada and not
| commonly kept as a household pet in Canada;
h) "impounded" or "impounding" shall mean seized, delivered, received or |
taken into the pound or any authorized vehicle operated by an officer
| pursuant to the provisions of this by-law.
Page 1 of By-law 79-2021
| |
i) "Leash" means a chain, rope or other restraining device of not more than
3.5 meters.
j) "Township" means The Corporation of the Township of Lucan Biddulph.
k) "muzzled" means that the mouth of a dog is fastened or covered with a
humane fastening or covering device of adequate strength to prevent the
dog from biting.
)) "Not Under Physical Control of Any Person" means when a dog is not on
a lead/leash held by a person.
m) "Officer" means:
(i) any police officer
(ii) any Animal Control Officer of the Township
(iii) | any By-Law Enforcement Officer of the Township
n) "Owner" means a person or persons who possesses harbours or has
me custody of a dog and where the owner is a minor, the person responsible
for the custody of the minor. "Owns" and "owned" have a corresponding
meaning.
0) "Pound" means those premises designated by the Township for the
detention, maintenance or disposal of dogs that have been impounded by
an officer and shall include any building or buildings and enclosures
maintained on behalf of the Township by any person or organization as is
duly authorized to do so for the purposes of carrying out the provisions of
this by-law and such building or buildings and enclosures shall conform
to the Ontario regulations under The Animals for Research Act, R.S.O.
1990, Chapter A.22.
Pp) "Poundkeeper" shall mean the person or organization responsible for
maintaining the pound on behalf of the Township for the purpose of
enforcing and carrying out the provisions of this by-law.
q) "Purebred" means registered or eligible for registration with an
association incorporated under the Animal Pedigree Act (Canada).
r) "Running at Large" or "Run at Large" means when a dog is found in a
place other than the premises of the owner of the dog and not under
physical control of any person.
Ss) "Vicious Dog" means any dog with a known propensity, tendency or
disposition to attack without provocation, humans, domestic animals, or
other animal. Vicious and/or dangerous shall have a corresponding
meaning.
t) "Cat" means any registered purebred or common domestic cat, male or
female, over the age of twelve (12) weeks unless otherwise specified by
this by-law and shall include a domestic breed of cat that is or appears to
be feral;
u) "Feral Cat" shall mean any homeless, wild or untrained stray cat.
The above defined terms shall have the same meaning whether or not those
terms are capitalized herein unless the context requires otherwise.
2. ANIMAL CONTROL OFFICER
a) Council may appoint an Animal Control Officer whose duty it shall be to:
i) issue fines in the manner set forth in this by-law attached as
Schedule "A":
il) provide monthly statements outlining the activities such as
complaints and fines issued; and
iii) seize and impound animals and/or pets found to be in
contravention to this by-law.
Page 2 of By-law 79-2021
3. LIMIT OF ANIMALS
a) Every person shall ensure that the total number of cats and dogs kept in
a dwelling does not exceed five (5) within the Township of Lucan
Biddulph, with a maximum of three (3) dogs harboured at any one time in
a dwelling unit, with the following exceptions:
i) A licenced kennel:
ii) An Animal hospital;
iii) A pound or an authorized facility;
iv) A pet store;
v) A registered research facility or supply facility under the
Animals for Research Act
7 | b) The owner of any dog shall not be required to comply with Section 3(a) of
this By-Law for a twelve (12) week period after such owner's dog has a
litter of puppies. The Township shall permit such a dog owner a period of
twelve (12) weeks to comply with Section 3(a) of this By-Law.
4. IDENTIFICATION OF DOGS AND CATS
a) Every owner of a dog or cat within the Township shall ensure that an
identification tag is appropriately affixed to each dog or cat under their
care.
b) All identification tags shall at a minimum include a name and phone
number to assist in identifying lost/founds dogs and cats.
C) Identification tags shall be securely fixed on the dog or cat at all times
when the dog or cat is not on the premises of the owner.
5. RUNNING AT LARGE
a) No person, being the owner or keeper of any dog or cat within the
Township, shall permit any such dog or cat to run at large.
b) Any officer shall be and is hereby authorized to seize and impound any
dog or cat found running at large within the Township, contrary to the
provisions of this by-law.
C) Any person may capture any dog or cat running at large on his/her
property and contact the Animal Control officer or other duly appointed
officer, who may impound the said dog or cat.
d) The Animal Control Officer or other duly appointed officer, may enter on
any public property or private property without the consent of the owner
or tenant of the property, for the purpose of impounding or otherwise
detaining any dog or cat found running at large pursuant to the provisions
of this by-law.
6. SEIZURE AND IMPOUNDING
a) When a dog or cat is seized by an officer for running at large, it may be
transported directly to the pound where it shall be impounded for a
minimum of three (3) days (excluding the day of seizure and any
'ane holidays) unless claimed by the owner during this impounding period.
Any dog or cat that is not claimed within the impound period may be
disposed of subject to the requirements of The Animals for Research Act
R.S.O. 1990, Chapter A.22.
b) The owner of any dog or cat impounded pursuant to paragraph 6(a) may
claim the dog or cat from the Pound upon payment to the Poundkeeper
of any fee that may apply.
C) Any person claiming an unidentified dog or cat shall first pay to the
Poundkeeper the required fees and any other charges that may apply in
accordance with this By-Law or the provisions of the current Fee By-law.
d) If a dog or cat is injured and the services of a veterinarian have been
secured, the owner shall not be entitled to the return of the dog or cat
Page 3 of By-law 79-2021
unless the charges for such veterinarian services are paid by the owner
to the Poundkeeper.
e) Where a dog or cat seized and/or impounded under this by-law is injured
or should be destroyed without delay for humane reasons or for reasons
of safety to persons or animals, an officer or veterinarian may euthanize
the dog or cat in a humane manner.
7. KENNELS .
a) Every person who owns or operates a "Commercial Dog Kennel" or "Dog
Kennel" as defined in this by-law shall pay an annual kennel licence fee
in the amount as prescribed in the current Fee By-law.
b) No person or persons shall establish a "Dog Kennel" or "Commercial Dog
Kennel" operation within the Township unless the facility is situated within
| a zone where its use is permitted in accordance with the provisions of the
Sore! Township's zoning by-law.
Cc) Every Dog Kennel or Commercial Dog Kennel established for the
purpose of boarding and/or breeding dogs will be subject to inspection by
an officer on a bi-annual basis and approval of every such licence shall
be conditional upon meeting all legal requirements for the humane
treatment of dogs in a kennel operation. In a year when an inspection is
not required, the "Dog Kennel Declaration" attached to this By-law as
Schedule "C" shall be completed as required.
d) Every person who applies for a Commercial Dog Kennel licence will be
required to complete a "Dog Kennel Application" form attached to this By-
Law as Schedule "B."
e) Every person who applies for a Commercial Dog Kennel licence shall
comply with the following requirements. No kennel licence shall be
issued unless the premises comply with all provisions of this by-law.
i) the area housing the dogs shall have a floor soundly constructed
of hard, durable material which is impervious to water;
il) every cage or pen used for the housing of dogs shall be
constructed so as to provide each dog with a clean, dry, and safe
environment;
ili) the area housing the dogs shall be maintained in a clean condition
suitable for the health, welfare, and comfort of every dog therein;
iv) the area housing the dogs shall have a floor drain;
v) the area housing the dogs within the kennel shall be adequately
lighted for a continuous period of at least eight hours in every
twenty-four-hour period;
vi) the area housing the dogs shall be adequately ventilated for
health, welfare, and comfort of every dog therein;
vii) | the area housing the dogs shall at all times be maintained at a
temperature suitable for the health, welfare and comfort of every
dog therein;
viii) where a clipping and grooming service is performed, such clipping
and grooming shall be carried out in the kennel building only.
f) Every person who holds a Commercial Dog Kennel licence and/or
operates a boarding facility for animals shall comply with the following
requirements:
i) at all times maintain the premises for which the licence is issued in
a sanitary, well ventilated, clean condition;
il) every dog shall be maintained in a cage or pen which enables the
dog to extend its legs to their full extent, stand, sit, turn around,
and lie down in a fully extended position;
ili) every dog shall be supplied with food of a type and in amounts
nutritionally adequate for the dog;
Page 4 of By-law 79-2021
iv) every dog shall be supplied with adequate amounts of potable
water.
8. KEEPING OF DOGS
a) Every person who owns a dog within the Township shall provide the dog
with such food, potable water, exercise and attention as may be required
from time to time to keep it in good health.
b) If a dog is customarily kept out of doors, the person who owns such a
dog shall, at all times, provide for its use a structurally sound, weather-
proof enclosure with off the ground flooring.
C) Every person who owns an unspayed female dog shall during each
period the dog is in heat, keep it confined so that it will not attract other
| dogs.
a d) No person within the Township shall keep a dog tethered on a chain,
rope or similar restraining device of less than 3.5 meters in length.
e) Every person who owns a dog shall ensure that dogs secured by tie-out,
chain or tether shall not extend beyond any property line at the length of
the tie-out, chain or tether.
f) Every dog shall be inoculated with an anti-rabies vaccine.
9. VICIOUS DOGS
a) The owner of any dog that has been determined to be a Vicious Dog by
an officer in accordance with the definition as set out in this by-law may,
by written order of an officer, be required to do any or all of the following
and they shall comply with any such order:
i) not allow the dog to be on any streets or in any public place or any
other place that is not owned or controlled by the owner unless the
dog is on a substantial chain or leash not exceeding 1.5 meters in
length and muzzled in a manner that will not cause injury to the
dog or interfere with its vision or respiration but will prevent the
dog from biting another animal or human and to be under the care
and control of a person 16 years of age or older;
il) when the dog is on the owner's premises it may be required to be
kept securely confined either indoors or in an enclosed pen or
structure of minimum size 5 feet by 10 feet, capable of preventing
the entry of children or other animals and adequately constructed
to prevent the dog from escaping;
iti) conspicuously display a sign on his/her premises warning that
there is a Vicious Dog on the property;
iv) confine the said dog in a manner that will allow persons who have
lawful entry onto the premises of the dog owner to have such entry
without fear of attack by the Vicious Dog; and
v) notify the poundkeeper immediately if a Vicious Dog is loose,
unconfined, has attacked another animal or human or has died or
. has been given away.
10. PITBULL RESTRICTIONS
A Pit Bull shall be deemed in all cases to be a Vicious Dog to which the
provisions of Section 8 apply with necessary modifications. If any provision of
the Dog Owner's Liability Act or the Regulations passed pursuant thereto
impose a different standard or restriction from those imposed by this By-Law,
the more restrictive provisions shall apply. The Township specifically
acknowledges that the provisions of the Dog Owner's Liability Act and its
regulations shall apply to any pit bulls located within the boundaries of the
Township.
Page 5 of By-law 79-2021
11. ANIMAL WASTE
Any person who owns or controls a dog or cat shall remove forthwith any
excrement left by the animal on any property in the Township.
12. CAUSING A DISTURBANCE
No person, being the owner of a dog or the operator of a kennel shall permit dog
or dogs to persistently howl, bark or whine for excessive periods, if such
conduct disturbs or is likely to disturb the inhabitants of the Township.
13. EXOTIC PETS
a) No person shall own, harbour, possess, keep, sell or offer for sale any
| animal listed below as a pet or for any other purpose or for any period of
ae time. Examples of animals of a particular prohibited group are given in
parentheses. These are examples only and shall not be construed as
limiting the generality of the group.
i) All canids, except the dog as defined in this by-law
il) All felids, except the domestic cat
ill) All non-human primates (such as gorillas and monkeys)
iv) All viverrine (such as mongooses, civets and genets)
v) All marsupials (such as kangaroos, wallabies and opossums)
vi) All mustelids (Such as skunks, weasel, otters, badgers)
vil) All ursids (Such as bears)
viii) | All artiodactyls (such as hippopotamuses and pronghorns)
ix) All procyonids (such as raccoons, coatis and cacomistles)
Xx) All hyaenids (such as hyenas)
xi) All elephantids (such as elephants)
xii) | All pinnipeds (such as seals, fur seals and walruses)
xiii) | All snakes of the families pythonidae and boidae
xiv) All venomous reptiles and amphibians
xv) All raptors (such as eagles, hawks, owls and falcons)
xvi) All edentates (such as anteaters, sloths and armadillos)
xvii) All chiroptera (such as bats)
xviii) All crocodilians (such as alligators, crocodiles and cayman)
xix) All venomous arachnids (such as_ spiders, scorpians and
tarantulas)
xx) All cetaceans (such as dolphins, whales and sharks)
xxi) All perissodactyls (such as tapirs and rhinoceroses)
xxii) All carnivora (such as wolves, tigers, leopards, cougars, lions,
lynx, hyenas, coyotes, fox hybrids, wolf dogs)
xxiii) All lagomorpha except domestic rabbits (such as hares and pikas)
xxiv) All primates (such as chimpanzees, gorillas, monkeys and lemurs)
xxv) All perissodactyla (such as horses, donkeys, jackasses, mules,
zebras and ponies)
xxvi) All proboscidea (such as elephants and rhoniceros)
xxvii) All rodentia (such as porcupines, prairie dogs, chinchillas)
xxviii) All squamata (such as venomous lizards or snakes that reach an
a. adult length of greater than three (3m) metres)
xxix) All anseriformes (such as swans and screamers)
xxx) All galliformes (such as pheasants, grouse, guinea fowl and pea
fowl)
xxxi) All struthioniformes (such as ostriches, rheas, emus and kiwis)
xxxii) All other poisonous insects, reptiles and amphibians
xxxili) Any other Exotic Animals
b) Notwithstanding Section 13 (a), on lands zoned for agricultural purposes
where livestock facilities are a permitted use, no person shall keep or
cause to be kept any animals listed in Section 13 (a) except those
permitted in the zoning by-law.
Page 6 of By-law 79-202]
14. INSPECTION BY OFFICER
Every owner shall allow any officer to carry out an inspection of premises, at any
reasonable time, where pet(s) or animal(s) of the owner is kept or to make
inquiries deemed necessary for the purposes of insuring compliance with the
provisions of this by-law.
15. PENALTIES
Every person who contravenes any of the provisions of this by-law is guilty of an
offence and liable upon conviction to a penalty as prescribed under the
Provincial Offences Act or as set out in Schedule A "Set Fines" to this By-law.
16. SEVERABILITY
Every provision of this by-law is declared to be severable from the remainder of
the by-law and if a court of competent jurisdiction shall declare any provision of
. this by-law invalid, such declaration shall not affect the validity of the remainder
thereof.
17. BY-LAWS REPEALED
By-law Number 41-2020 of the Township of Lucan Biddulph, and any other by-
law and provision contrary to this by-law are hereby repealed.
18. FORCE AND EFFECT OF BY-LAW
This by-law shall come into force and take effect on the third and final reading
thereof.
READ a FIRST and SECOND time this 7th day of December, 2021.
Pree |ypten ALE
DEPUTY MAYOR . CLERK
READ a THIRD time and FINALLY PASSED this ui day of December, 2021.
Deputy MAYOR CLERK
Page 7 of By-law 79-2021
TOWNSHIP OF LUCAN BIDDULPH
BY-LAW NO. 79-2021 ANIMAL CONTROL BY-LAW
SCHEDULE "A"
PART | PROVINCIAL OFFENCES ACT
SET FINE
ITEM | COLUMN 1 COLUMN 2 COLUMN 3
SHORT FORM WORDING PROVISION SET FINE
CREATING OR
| DEFINING
ca OFFENCE
1. Keeping more than three dogs in a Section 3 (a) $105.00
dwelling unit
(subject to exceptions)
2. Keeping more than five cats and dogs in | Section 3 (a) $105.00
a dwelling unit (combined total)
3. Fail to properly affix identification tag to | Section 4 (a) $55.00
dog or cat
4. Fail to keep Identification Tag fixed on | Section 4 (c) $55.00
dog or cat
Allow dog or cat to run at large Section 5 (a) $105.00
fe Fail to pay annual kennel fee Section 7 (a) $105.00
Fail to provide dog with basic necessities | Section 8 (a) $305.00
a Fail to confine dog in heat adequately Section 8 (c) $105.00
Fail to provide dog(s) with adequate | Section 8 (b) $305.00
shelter
10. Tether dog on restraining device less | Section 8 (d) $105.00
than 3.5 meters
Fail to keep vicious dog leashed Section 9 (a) (i) | $305.00
Fail to keep vicious dog muzzled Section 9 (a) (i) | $305.00
Fail to keep vicious dog confined Section 9 (a) (ii) | $305.00
Fail to display vicious dog sign Section 9 (a) (iii) | $305.00
Fail to remove dog excrement Section 11 $105.00
"rs | 16. Possess an exotic animal or other | Section 13(a) $305.00
prohibited animal
Fail to allow officer to inspect Section 14 $105.00
Note: the general penalty provision for the offences listed above is section 15 of bylaw
79-2021, a certified copy of which has been filed.
Page 8 of By-law 79-2021
Schedule "B" to By-law No 79-2021
Dog Kennel Application
Township of Lucan Biddulph
270 Main Street
Lucan, ON NOM 2J0
Name of Owner:
Address:
Postal Code: Telephone Number:
Email Address: ;
Kennel Information/Requirements
oo The facility is situated within a zone where its use is permitted in accordance with the
provisions of the Township's zoning by-law.
Qo No kennel licence shall be issued unless the premises comply with all provisions of the Animal
Control By-law as follows.
q The area housing the dogs shall have a floor soundly constructed of hard, durable material
which is impervious to water;
q Every cage or pen used for the housing of dogs shall be constructed so as to provide each dog
with a clean, dry, and safe environment;
o The area housing the dogs shall be maintained in a clean condition suitable for the health,
welfare, and comfort of every dog therein;
o The area housing the dogs shall have a floor drain;
go The area housing the dogs within the kennel shall be adequately lighted for a continuous
period of at least eight hours in every twenty-four-hour period;
o The area housing the dogs shall be adequately ventilated for health, welfare, and comfort of
every dog therein;
o The area housing the dogs shall at all times be maintained at a temperature suitable for the
health, welfare and comfort of every dog therein;
o Where a clipping and grooming service is performed, such clipping and grooming shall be
carried out in the kennel building only.
Every person who holds a kennel licence and/or operates a boarding facility for animals shall
comply with the following requirements:
1. at all times maintain the premises for which the licence is issued in a sanitary, well ventilated,
clean condition;
2. every dog shall be maintained in a cage or pen which enables the dog to extend its legs to
their full extent, stand, sit, turn around, and lie down in a fully extended position;
3. every dog shall be supplied with food of a type and in amounts nutritionally adequate for the
dog;
4. every dog shall be supplied with adequate amounts of potable water.
Signature of Kennel Owner/Operator Date of Inspection Signature of Officer
- Fee Enclosed: $
Please mail, hand deliver, place in drop
box with payment to:
Township of Lucan Biddulph
270 Main Street
Lucan ON NOM 2J0
Phone: 519-227-4491
Office Use Only ER
Amount Received: Date Issued: Licence No.
o Cash __G ____ Cheque __ Date Pick-up or Mail: ___ --_
Page 9 of By-law 79-2021
Schedule "C" to By-law No. 79-2021
Dog Kennel Declaration
Township of Lucan Biddulph
270 Main Street
Lucan ON NOM 2J0
Name of Owner:
Address:
Postal Code: Telephone Number:
Email Address:
Kennel Information/Requirements
a The facility is situated within a zone where its use is permitted in accordance with the
om provisions of the Township's zoning by-law.
o No kennel licence shall be issued unless the premises comply with all provisions of the Animal
Control By-law as follows.
qd The area housing the dogs shall have a floor soundly constructed of hard, durable material
which is impervious to water;
q Every cage or pen used for the housing of dogs shall be constructed so as to provide each dog
with a clean, dry, and safe environment;
oO The area housing the dogs shall be maintained in a clean condition suitable for the health,
welfare, and comfort of every dog therein;
q The area housing the dogs shall have a floor drain;
q The area housing the dogs within the kennel shall be adequately lighted for a continuous
period of at least eight hours in every twenty-four-hour period;
a The area housing the dogs shall be adequately ventilated for health, welfare, and comfort of
every dog therein;
o The area housing the dogs shall at all times be maintained at a temperature suitable for the
health, welfare and comfort of every dog therein;
o Where a clipping and grooming service is performed, such clipping and grooming shall be
carried out in the kennel building only.
Every person who holds a kennel licence and/or operates a boarding facility for animals shall
comply with the following requirements:
1. at all times maintain the premises for which the licence is issued in a sanitary, well ventilated,
clean condition;
2. every dog shall be maintained in a cage or pen which enables the dog to extend its legs to
their full extent, stand, sit, turn around, and lie down in a fully extended position;
3. every dog shall be supplied with food of a type and in amounts. nutritionally adequate for the
dog;
4. every dog shall be supplied with adequate amounts of potable water.
] , swear that as owner/person responsible for the above noted
kennel have met the conditions and requirements of the Township of Lucan Biddulph Animal Control
By-law as outlined above, and will continue to abide by the requirements for the duration of this
licence.
Signature of Kennel Owner/Operator Please mail, hand deliver, place in drop
box with payment to:
aoa ooo T hip of L Biddulph
Signature of Municipal Official 370 | Main Street teamP
Fee Enclosed: $ Lucan ON NOM 2J0
Phone: 519-227-4491
Office Use Only - -
Amount Received: t--iti--"'CCDabte@e ISS: = we tSC--";'"C;CSC*CLiC@MGC@ NC'
Page 10 of By-law 79-2021