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THE CORPORATION OF THE TOWN OF MISSISSIPPI MILLS
BY-LAW NO. 14-21
(amended by 22-049, 22-083, 23-047)
ANIMAL CONTROL
BEING a by-law in respect to the regulation, control, protection and identification of
animals and for prohibiting the keeping of animals of any class thereof.
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes the
municipality to pass a by-law regarding the prohibition or regulation of animals;
AND WHEREAS the Council of the Corporation of the Town of Mississippi Mills deems
it desirable to enact a by-law respecting the regulation and control, protection and
identification of animals and for prohibiting the keeping of animals of any class thereof;
NOW THEREFORE the Council of the Corporation of the Town of Mississippi Mills
enacts as follows:
SECTION I
DEFINITIONS
1. For the purposes of this by-law, the following definitions shall apply:
(a)
"Aggressive Animal" means any animal that repeatedly or without provocation
has threatened or attacked or bitten a person or domestic animal.
(b)
"Appeal Committee" shall be comprised of three members of Council, the
Clerk or designate, and a Municipal Law Enforcement Officer.
(c)
"Attack" means an assault resulting in bleeding, bone breakage, sprains or
serious bruising.
(d)
"Bite" means a wound to the skin causing it to puncture or break.
(e)
"Control" means having at all times, the ability to manage, direct, restrict and
restrain the movement of an animal.
(f)
"Town" means the Corporation of the Town of Mississippi Mills.
(g)
"Dog" means any dog, male or female, over the age of twelve (12) weeks.
(h)
"Domestic Animal" shall mean a cat or dog.
(i)
"Fee Schedule" means the listing of all fees and charges approved by Council
from time to time.
(j)
"Hunter" means a person who can provide proof of a valid hunting license for
the current or previous hunting season as the case may be.
(k)
"Kennel" shall mean any premises where domestic animals are bred as a
commercial service.
(l)
"Licence" shall mean permission provided by the Town upon receipt of the
appropriate fee for the keeping of individual dogs or the operation of a kennel.
(m)
"Municipal Law Enforcement Officer" means a person appointed by the Town
as a Municipal Law Enforcement Officer pursuant to s. 15 of the Police
Services Act, R.S. O. 1990, c. P. 15, as amended.
(n)
"Muzzled" means a humane fastening or covering device of adequate strength
used over the mouth to prevent a dog from biting.
(o)
"Owner" means and includes any person who possesses or harbours an
animal and shall include a person who is the temporary keeper or is in control
of an animal, and owns and owned shall have a corresponding meaning.
(p)
"Pet" means any domestic animal or other animal that is not included in the list
of prohibited animals identified in Section IV.
(q)
"Pet Shop" shall mean a shop or place where animals or birds for use as pets
are sold and kept for sale.
(r)
"Service Animal" means: (amended by 22-049)
-
an animal that can be readily identified as one that is being used by the
person for reasons relating to the person's disability, as a result of visual
indicators such as the vest or harness worn by the animal; or
-
an animal for which the person provides documentation from one of the
following regulated health professionals confirming that the person
requires the animal for reasons relating to the disability:
o A member of the College of Audiologists and Speech-Language
Pathologists of Ontario.
o A member of the College of Chiropractors of Ontario.
o A member of the College of Nurses of Ontario.
o A member of the College of Occupational Therapists of Ontario.
o A member of the College of Optometrists of Ontario.
o A member of the College of Physicians and Surgeons of Ontario.
o A member of the College of Physiotherapists of Ontario.
o A member of the College of Psychologists of Ontario.
o A member of the College of Registered Psychotherapists and
Registered Mental Health Therapists of Ontario
(s)
"Livestock Guardian Dog" means: (amended by 22-083)
- A dog that is specifically trained to work and/or live with domestic farm
animals (i.e. cattle, sheep, goats etc) without causing them harm while
aggressively repelling predators and is used exclusively for that
purpose. In order to qualify the dog owner must hold a valid farm
registration number registered with the Municipality.
(t)
"Zoning By-law" means any Town by-law passed pursuant to Section 34 of
the Planning Act, R.S.O., 1990, c.P. 13, as amended.
SECTION II
LICENCING AND REGISTRATION
1. Every owner of a dog shall obtain a license annually and cause the dog to be
registered, numbered, described and licensed with the Town as soon as the dog has
attained the age of twelve (12) weeks.
2. Each licence shall be in force for calendar year stated on the tag and shall expire on
December 31st of the respective year.
3. The licence fee for each dog required to be licenced hereunder shall be the amount
set forth in the approved Fee Schedule.
4. All new residents of the Town shall register each dog and obtain a licence within 15
days of taking up residency within the Town.
5. No person shall use a tag upon a dog other than the dog for which it was issued.
6. Upon application for a license, the dog owner will be required to produce a certificate
signed by a registered veterinarian that the dog has been inoculated with an anti-
rabies vaccine in accordance with the Health Protection and Promotion Act, R.R.0.
1990, Reg. 567.
7. Dog tags shall be worn at all times and shall bear the serial number and the year in
which it was issued and a record shall be kept by the Town showing the name and
address of the owner and the serial number of the tag issued to such owner.
8. No license tag or registration shall be transferable and the license tag shall expire
and become void upon the sale, death, or other means of disposal of the dog. No
refund of the licensing fee shall be provided to the dog owner in the event of the
dog's demise.
9. Dog license fees are non-refundable except where overpayment is the result of an
administrative error.
SECTION III
LIMITATIONS ON THE NUMBER OF PETS
1.
(a)
No person or household within the Ward of Almonte and the Hamlets of
Blakeney, Appleton, Clayton, and Pakenham and registered plans of
subdivision shall keep more than three (3) dogs.
(b)
No person or household located outside of the Ward of Almonte and the
Hamlets of Blakeney, Appleton, Clayton and Pakenham and registered
plans of subdivision shall keep more than six (6) dogs, except hunters who
shall be permitted to keep no more than twelve (12) dogs.
2.
Dogs that are under the temporary care of a person and which exceed
the permitted number of dogs as outlined in Section III 1a) or 1b) shall be
permitted provided:
(a)
the person complies with all other provisions of this by-law
(b)
the keeping of such pets does not exceed a total of four months during
any calendar year.
4.
No person shall be permitted to raise or breed domestic animals for commercial
purposes within the Town of Mississippi Mills except in a kennel.
(a)
A person shall be deemed to be raising or breeding domestic animals for
commercial purposes if that person raises more than one litter in a two year
period.
(b)
Kennels are only permitted on properties in the Town of Mississippi Mills in
accordance with the Town's Zoning By-law.
SECTION IV
PROHIBITED ANIMALS
1.
No person shall keep animals belonging to the following orders:
Anseriformes (e.g. ducks, geese, swans and screamers), except located on rural
or agricultural premises zoned under a Town zoning by-law permitting such a use;
Artiodactyla (e.g. cattle, goats, sheep, pigs, deer, elk, alpacas and llamas), except
located on rural or agricultural premises zoned under a Town zoning by-law
permitting such a use;
Carnivora (e.g. otters, wolves, bears, coyotes, foxes, tigers, leopards, cougars,
lions,
lynx, mink, skunks, weasels, badgers, mongooses and racoons), except dogs, cats
and ferrets;
Chiroptera (e.g. bats, myotis and flying foxes);
Crocodylia (e.g. alligators, crocodiles, gavials and caimans);
Edentates (e.g. anteaters, sloths and armadillos);
Galliformes (e.g. pheasants, grouse, guinea fowls, turkeys, chickens and
peafowls), except located on rural or agricultural premises zoned under a Town
zoning by-law permitting such a use;
Lagomorpha (e.g. hares and pikas), except domestic rabbits;
Marsupialia (e.g. koalas, kangaroos, opossums and wallabies), except sugar
gliders derived from self-sustaining captive populations;
Perissodactyla (e.g. horses, donkeys, jackasses, mules, zebras and ponies),
except located on rural or agricultural premises zoned under a Town zoning by-law
permitting such a use;
Primates (e.g. chimpanzees, gorillas, monkeys and lemurs);
Proboscidea (e.g. elephants, rhinoceros, hippopotamuses);
Raptors (e.g. eagles, hawks, falcons and owls), except as provincial falconry
licence;
Rodentia (e.g. porcupines, prairie dogs, nutria and chinchillas) except Rodentia:
(a) where neither the female nor the male of the species exceeds or will exceed
1,500 grams in weight before or at maturity; and
(b) that are derived from a self sustaining captive population;
Squamata (e.g. lizards and snakes) except:
(a)
non-venomous snakes where neither the female nor the male of species
exceeds or will exceed 3 metres in length from nose to tip of tail before or at
maturity; and
(b)
non-venomous lizards (not including Iguana iguana) where neither the
female nor the male of the species exceeds or will exceed 2 metres in length
from nose to tip of tail before or at maturity; or
Struthioniformes (e.g. ostriches, rheas, cassowaries, emus and kiwis), except
ostriches, emus, kiwis or rheas located on rural or agricultural premises zoned
under a Town zoning by-law permitting such a use.
2.
No person shall keep or permit to be kept an animal that produces any poison,
venom or toxin, except Grammostola rosea (Chilean Rose), Brachypelma smithi
(Mexican Red-Knee) and Avicularia avicularia (Pink-Toe) Tarantulas.
3.
Despite paragraphs 1 and 2, a provincially authorized wildlife custodian may keep
an animal prohibited under this By-law in accordance with the authorization.
4.
No person shall keep or permit to be kept any insect, spider or squamata permitted
under this By-law except in an escape-proof enclosure.
5.
No person shall keep or permit to be kept any lagomorph, marsupial or rodent
permitted under this By-law except in a suitable enclosure.
SECTION V
ANIMALS AT LARGE (amended by 23-049)
1.
No owner of a dog or other animal shall allow the dog or other animal to run at
large within the limits of the Town of Mississippi Mills.
2.
A dog or other animal shall be deemed to be running at large unless the dog or
other animal is on the owner's property or is:
(a) constrained by a leash, and
(b) under the direct control of the owner or owner's designate, or
(c) indoors, or
(d) contained within a vehicle or cage, or
(e) fenced in on the owner(s)' property, or
(f) dogs are permitted to run at large in an area that is securely enclosed and
specifically designated as a dog park by the Municipality.
SECTION VI
NOISE AND NUISANCE
1.
No person shall permit their dog to make or cause excessive noises or sounds that
disturb or tend to disturb the quiet, peace, rest, enjoyment or comfort:
(a)
of the neighbourhood, or
(b)
of persons who inhabit any dwelling, apartment or other type of residence in
the vicinity.
2.
No owner shall permit their dog to bark unnecessarily or make unnecessary noise
at any time.
3.
Every owner of a dog, or person having care, custody and control of a dog,
except the owner of a service animal, shall immediately remove and dispose of
any feces left by the dog on any premises except premises owned or occupied
by the owner.
SECTION VII
DANGEROUS DOGS
1.
The owner of a dog shall exercise reasonable precautions to prevent it from:
(a) biting or attacking a person or domestic animal; or
(b) behaving in a manner that poses a menace to the safety of persons or
domestic animals.
2.
Where the Municipal Law Enforcement Officer is informed upon complaint and
confirms that a dog is dangerous, the Municipal Law Enforcement Officer shall
serve notice upon the owner of the dangerous dog requiring the owner to comply
with any or all of the requirements set out in Sections 3 and 4 of this By-law upon
receipt of such notice to comply.
3.
Every owner of a dangerous dog shall at all times when the dangerous dog is not
in the owner's dwelling unit but otherwise within the boundaries of the owner's
premises, ensure that:
(a) the dangerous dog is muzzled so as to prevent it from biting a person or
domestic animal;
(b) the dangerous dog is securely leashed on a leash which does not allow it to
go beyond the property line of the owner's lands; and
(c) If the dangerous dog is contained within an enclosed area, including a fence
of an appropriate height for the breed of dog, or in a manner such that the
dangerous dog is unable to come into contact with persons or other animals,
subsections a. and b. do not apply.
4.
Every owner of a dangerous dog shall at all times when the dangerous dog is not
within the boundaries of the owner's premises,
(a) keep the dangerous dog under the effective control of a person sixteen (16)
years of age or older and under leash, such leash not to exceed two (2 m)
metres in length; and
(b) keep the dangerous dog muzzled.
5.
Where the owner of a dangerous dog is informed that he or she must comply
with Sections 3 and 4 of the by-law, the owner may apply for a hearing in respect
of such notice by submitting an appeal in writing to the Clerk within thirty (30)
days after the notice has been served.
a) Upon receipt of the appeal the Clerk shall convene a meeting of the
Appeal Committee and shall give the owner of the dog notice of the date,
time and location of the hearing.
b) The owner and any other interested person(s) may appear at the hearing
and present oral or written evidence relating to the dog.
c) If the owner of the dog does not attend at the proper time and place, the
Appeal Committee may proceed with the hearing in his or her absence
and the owner shall not be entitled to any further notice of the
proceedings.
d) The Appeal Committee shall deliberate the merits of the evidence
presented and shall render its decision at the meeting.
e) The decision of the Appeal Committee is final and binding.
f) The proceedings of the Appeal Committee not covered in the provisions of
this By-Law shall be governed by the Statutory Powers Procedure Act.
g) Notwithstanding that an owner has applied for a hearing to appeal the
notice, the notice takes effect when it is served and remains in effect until
the Appeal Committee has made its decision.
SECTION VIII
IMPOUNDMENT AND RECOVERY OF ANIMALS
1.
A Municipal Law Enforcement Officer may seize any dog or other animal found
running at large within the Town of Mississippi Mills or found to be in contravention
of the provisions of this by-law and cause such dog or other animal to be delivered
to an Animal Shelter or Pound.
2.
When a person makes a complaint to the Town's By-law Department that a dog or
other animal is trespassing or causing damage to the said person or person's
property or is creating or has created a disturbance, a Municipal Law Enforcement
Officer may seize and cause such pet to be delivered to an Animal Shelter or
Pound.
3.
The owner of any dog or other animal may obtain the release of their dog or other
animal that has been delivered to the Animal Shelter or Pound by either a
Municipal Law Enforcement Officer, or by any other person, by:
(a) payment of the fee required by the Animal Shelter or Pound operator; and
(b) presenting proof to the Animal Shelter or Pound of a valid dog licence or
identification issued by the Town.
4.
If an owner fails to claim the dog or other animal during the time prescribed in the
regulations of the Animal Shelter or Pound, the pet shall become the property of
the said Animal Shelter or Pound.
SECTION IX
PET SHOP LICENCE
1.
All persons shall carry on the trade or business of a Pet Shop within the Town of
Mississippi Mills in accordance with the Town's Zoning By-law.
SECTION X.
INVESTIGATION
1.
A Municipal Law Enforcement Officer may enter on land at any reasonable time
and in
accordance with the conditions set out in sections 435 and 437 of the Municipal
Act,
2001 for the purpose of carrying out an inspection to determine whether or not the
following are being complied with:
(a)
this By-law;
(b)
a designation, order or other requirement made under this By-law,
including a
designation of a dog as potentially dangerous or
dangerous;
(c) a condition of a licence issued under this By-law; or
(d) an order made under section 431 of the Municipal Act, 2001.
2.
A Municipal Law Enforcement Officer, for the purposes of an inspection and in
accordance with the conditions set out in section 436 of the Municipal Act, 2001,
may:
(a)
require the production for inspection of documents or things relevant to the
inspection;
(b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)
require information in writing from any person concerning a matter related
to the inspection; or
(d)
make examinations or take photographs necessary for the purposes of
the inspection.
3.
A Municipal Law Enforcement Officer may undertake an inspection pursuant to
an order issued by a provincial judge or justice of the peace under section 438 of
the Municipal Act, 2001 where he or she has been prevented or is likely to be
prevented from carrying out an inspection, if, in the case of an order authorizing
an inspection of a room or place actually being used as a dwelling, the occupier
is given notice concerning the inspection in accordance with subsection 438(5) of
the Municipal Act, 2001.
4.
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.
SECTION XI
OFFENCES AND PENALTIES
1.
Any person who contravenes any of the provisions of this By-law, and the
procedure with respect thereto is guilty of an offence and the penalty upon
conviction therefore shall be as provided for in the Provincial Offences Act, R.S.O,
1990, P.33 and amendments thereto.
2.
The Municipal Law Enforcement Officer or duly appointed agents of any of them
shall enforce the provisions of this By-law.
3.
Where a provision of this By-law conflicts with a provision of another by-law in
force in the Town of Mississippi Mills, the provisions that establish the higher
standards shall prevail in order to protect the health, safety and welfare of the
general public.
4.
It is the declared intention of the Council of the Corporation of the Town of
Mississippi Mills that any section or part of a section of this By-law which may
subsequently be held to be illegal shall be severable from the remainder of the By-
law and shall not be deemed to have persuaded or influenced the Council to pass
the remainder of the By-law.
SECTION XII
REPEALS
1.
By-law No. 00-71, 02-63, 08-28, 10-43, 11-19 and any other By-laws inconsistent
with this By-law are hereby repealed.
BY-LAW read, passed, signed and sealed in Open Council this 6th day of May, 2014.
_______________________________ _______________________________
John Levi, Mayor
Shawna Stone, Town Clerk