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THE CORPORATION
OF THE TOWNSHIP OF MONTAGUE
BY-LAW NO. 4214-2026
BEING a by-law to regulate the keeping and licencing of animals within the Township of
Montague
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municipality may pass by--lawsrespecting
animals;
AND WHEREAS the Council of the Corporation
of the Township of Montague deems
it
desirable to establish regulations that support the humane treatment
of animals;
AND WHEREAS
Section
103 of the Municipal Act, 2001, 8.0.
2001, c. 25, confers the
power upon a municipality to pass a by-law to provide for the seizure and impounding of
animals being at large or trespassing,
and the sale of impounded animals under certain
conditions;
AND WHEREAS Section 436 of the Municipal Act, 2001, SO. 2001, c. 25, provides that
a municipality has the power to pass by--lawsproviding that the municipality may enter on
land at any reasonable
time for the purpose of carrying out an inspection to determine
compliance with a municipal by-law;
AND WHEREAS Section 444 of the Municipal Act, 2001, 8.0. 2001, c. 25, provides that
a municipality may make an order requiring a person who contravened
a by-law, or who
caused or permitted the contravention,
or the owner or occupier of the land on which the
contravention occurred, to discontinue the contravening
activity;
AND WHEREAS Section 445 of the Municipal Act, 2001, 8.0. 2001, c. 25, provides that
a municipality may make an order requiring the person who contravened
the by--law,or
who caused or permitted the contravention,
or the owner or occupier of the land on which
the contravention
occurred,
to do work to correct the contravention;
AND WHEREAS
Section 20 of the Animals for Research
Act, R.S.O.
1990,
0. A22,
provides for the impounding and sale or destruction of any dog, pursuant to the provisions
thereof;
AND WHEREAS Section
15 of the Police Services Act, R.S. O. 1990, 0. P15,
provides
that Council may appoint Municipal Law Enforcement
Officers to enforce municipal by-
laws;
AND WHEREAS Section 40 of the Fish and Wildlife Conservation
Act, 1997, SO.
1997,
c. 41, prohibits the keeping of live game wildlife or live specially
protected wildlife in
captivity;
AND WHEREAS the Dog Owners' Liability Act, R.S. O. 1990, c. D.16, provides that dog
owners are held strictly liable for any damage
or injury caused by their dog(s);
AND WHEREAS
RRO.
1990,
Reg
567:
Rabies
Immunization
under
the
Health
Protection and Promotion Act, R.S. O. 1990, c. H.7, provides that every owner or person
having the care or custody
of certain animals
are to ensure
that such animals are
immunized against rabies;
-
ANU
VVHI:I'(I:A5
section
2']
CT the
Animal
Health
Act, ZUUQ, 5. U. 2UU9, C. 37, provndes
inspectors
with the authority
to issue
quarantine
orders
when
certain
hazards
are
identified.
NOW THEREFORE
the Corporation
of the Township of Montague hereby enacts
as
follows:
W
Section
1 - Definitions
"Accessibility
for
Ontarians
with
Disabilities
Act"
means
the
Accessibility
for
Ontarians with Disabilities Act, 2005, 8.0.
2005, c. 11, as amended,
and any regulation
passed
thereunder.
"Animal" means any member of the animal kingdom, other than a human.
"Animal Shelter"
means any premises authorized
by the Township for the purpose of
impounding and caring of and lawful adoption of animals.
"Animals for Research
Act" means the Animals for Research Act, R.S. O. 1990, 0. A22,
as amended,
and any regulation passed thereunder.
"Appeal Committee"
means the committee comprised of two (2) appointed members of
Council, the Clerk or designate,
and a Municipal Law Enforcement Officer appointed by
the Township to provide animal control and/or by--lawenforcement
services,
to make
recommendations
to Council regarding the Township's Animal Control By-law 4214--2026,
as amended.
"At Large" means any animal that is off the property or premises of its owner and not
under the control of a competent
person capable
of controlling the dog, and the term
"Running at Large" has a similar meaning.
"Attack"
means an assault resulting in bleeding, bone breakage,
sprains, scratches,
or
bruising, and "attacked" or "attacking" have a corresponding
meaning.
"Bite" means a wound to the skin causing it to puncture or break.
"Clerk" means the appointed Clerk of the Township of Montague, or their designate.
"Competent
Person"
means
a person
having the skills and ability to securely
and
effectively handle and control a dog, so as to prevent
unwanted
contact
with another
person or domestic animal.
"Control"
means a person having, at all times, the ability to manage, direct, restrict and
restrain the movement
of an animal, excluding electronic collars and fences.
"Dangerous
Dog" means
any dog that:
(a)
(b)
(C)
(d)
(6)
has killed a domestic animal without provocation while off the owner's property;
OR
has
bitten or injured or attacked
a human
being or domestic animal without
provocation on public or private property; OR
is attack trained; OR
has shown the disposition or tendency
to be threatening or aggressive;
OR
has been declared dangerous
by another Municipality, State, Province, Country.
"Dog" means a member of Canis Familiaris, male or female, four (4) months of age or
older and shall not include a wolf or fox or any other wild or part wild species
of Canis
Familiaris.
"Dog Owners'
Liability Act" (also known as D.O.L.A.) means
Dog
Liability
Act, R.S. O. 1990, 0. D16, as amended,
and any regulation passed thereunder.
"Domestic
Animal", for the purpose of this by-law, means a dog.
"Exhibition"
means an exhibition of animals permitted and/or prohibited by this By-law.
"Farm"
means a farm residence,
farm buildings and accessory
uses and structures
and
land used for the tillage of soil, the growing of vegetables,
fruits, grains, and other staple
crops and includes land used for livestock raising, raising of other animals for food, fur or
fibre, dairying, woodlots, horticultural crops, fish farming and beekeeping and shall include
an intensive farm and a limited farm.
"Grandfathered
Pit Bull" means a pit bull as defined under the Dog Owners' LiabilityAct,
either born in Ontario between August 29th,2005, and November 26th,2005, or owned by
a resident of Ontario on August 29th,2005.
"Grandfathered
Prohibited
Dog" means a dog deemed vicious or dangerous
by the By--
Law Enforcement Officer under By-law 2752-2003,
prior to August 13',2023.
"Health
Protection
and Promotion
Act" means the Health Protection and Promotion
Act, R.S.O. 1990, CH. 7, as amended,
and any regulation passed thereunder.
"lmmunize"
means to protect against disease
by inoculation of immunizing serums and
vaccines,
and the words "immunized" and "immunization" have a similar meaning.
"Keep" means to have temporary or permanent
control or possession
of an animal, and
the words "kept" or "keeping" have a similar meaning.
"Kennel"
means a premises
where: (a) greater than three (3) dogs, four (4) months of
age or older are kept; or (b) dogs are bred/boarded
for pro?t. It shall not apply to the
keeping of animals in a veterinary establishment
for the purpose of observation
and/or
recovery necessary
for veterinary treatment,
or for the keeping of police dogs, M.N.R.F
dogs, or livestock guardian dogs, as defined in this by-law.
"Land" (see "Lot")
"Leash"
means any form of material lead or restraint which does not exceed
1.8 metres
(6 feet) in length and has the capability to prevent
an animal from making unwanted
contact with persons or other animals.
"Licensing
Officer" means the Clerk for the Township, or their designate.
"Livestock"
means
beef cattle, birds, dairy cattle, deer and elk, fur--bearing animals,
game
animals,
goats,
horses,
poultry,
ratites,
sheep,
swine,
and other animals
as
identified in OMAFA's Minimum Distance Separation
Guidelines.
"Livestock
Guardian
Dog" means
a dog that is tasked with protecting
livestock from
predators and lives with a flock or herd of livestock.
"Lot" shall mean a parcel or tract of land which is capable of being legally conveyed
in
accordance
with the provisions of the Planning Act, and the words "land" and "property"
have a similar meaning.
"M.N.R.F. Dog" means a dog trained speci?cally for Ministry of Natural Resources
and
Forestry duties as defined in its Act and so utilized by the Ministry of Natural Resources
and Forestry.
"Medical Officer Of Health" means the Medical Officer of Health for Lanark County or
any person acting under his or her authority.
"Microchip"
means an approved "Canadian Standard" encoded identi?cation device that
is implanted into an animal, which contains a unique code that permits or facilitates access
to owner information, including the name and address
of the owner, which is stored in a
central database.
"Municipal
Law Enforcement
Officer"
means
a person
appointed
by By--lawof the
Municipality for the purposes ofenforcing the provisions ofthis By-law, pursuant to Section
15 of the Police Services Act.
"Muzzle" means a humane fastening or covering device of adequate
strength placed over
the mouth of an animal to prevent it from biting, and the words "muzzled" and "muzzling"
shall have a similar meaning.
"Non-Resident
Dog" means a dog that is visiting the Township for a period of no longer
than thirty (30) days and is restricted to no more than two (2) non-resident
dogs on a
premises or lot, unless approved by the Township.
"Nuisance
Animal" means any animal found to be causing a common nuisance,
irritation,
annoyance
or bother to other persons or other animals by being at large, trespassing
on
private property, chasing, barking, whining, howling, or making any other excessive animal
noise.
"Ontario
Provincial
Police"
means
the Police service in effect for the Township
of
Montague.
"Owner" means and includes 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 the temporary
keeper or is in control of an animal. "Owns" or
"owned" shall have a corresponding
meaning.
"Parkland"
means land owned or leased by the Township and set aside for park purposes.
"Pet Shop" means an establishmentwhere
animals, birds, and ?sh, other than those listed
in Schedule
"B"of this By-law, are kept and sold as pets.
"Petting
200"
means a collection of animals that individuals may pet and feed and that
are not prohibited animals.
"Pit Bull" means a Pit Bull as defined under the Dog Owners' LiabilityAct;
"Prohibited
Dog" means:
(a)
a dog that has been deemed
Dangerous
by the Township's
Municipal Law
Enforcement
Officer as defined in this By-law;
(b)
a dog that has been deemed/declared
dangerous/vicious/prohibited
by another
Municipality, State, Province, Country.
"Play Structure"
means a swing, slide, spring--mounted riding toy, climbing equipment,
playhouse, sandbox, teeter--totter, and the area maintained underthe play structure, ifany.
"Police
Dog" means
a dog trained specifically for active police duties by the Ontario
include a retired canine.
"Police Services
Act" means the Police Services Act, R.S.O. 1990, c. P. 15, as amended,
and any regulations
passed thereunder.
"Pound"
means the facility designated
by the Township which is used for the temporary
housing and care of animals that have been impounded pursuant to this By-law.
"Premises"
means
a house
or building, together
with its land and outbuildings,
and
includes additional dwellings and/or dwelling units located on the same parcel of land.
"Prohibited
Animal" shall mean any animal or category of animal that is forbidden to be
kept, bred or raised in the Township of Montague as listed in Schedule "B"to this By--law.
"Property"
(see "Lot")
"Provincial
Animal
Welfare
Services
Act"
means
the Provincial Animal
Welfare
Services
Act, 2019,
8.0.
2019,
c.
13, as
amended,
and
any
regulations
passed
thereunder.
"Provincial
Offences
Act" means the Provincial Offences Act, RS. 0. 1990, 0. P33,
as
amended,
and any regulations made thereunder.
"Registration
Period" means the period from January 1Sto December 31Stof each year.
"Service
Animal"
means an animal described
in subsection 8045(4)
of O.Reg 191/11:
Integrated Accessibility Standards,
under the Accessibility for Ontarians with Disabilities
Act. Service dogs are exempt from the payment of all applicable license fees, pursuant
to this By-law, but are required to be licensed and wear the current year's ID tag issued
by the Licensing Officer.
"Sterilized"
means spayed or neutered.
"Tether"
means a rope or chain or similar restraining device that prevents
an animal from
moving away from a localized area, and the words "tethered" and "tethering" have a similar
meaning.
"Threatening
or Aggressive"
means any behaviour by a dog that unduly intimidates a
person
or domestic
animal and includes snarling,
growling, or pursuing a person
or
domestic animal in a menacing manner.
"Township"
means The Corporation of the Township of Montague.
"Veterinarian"
shall
mean
a
licensed
professional
regulated
by the
College
of
Veterinarians of Ontario.
"Veterinary
Hospital"
shall mean any establishment
maintained
and operated
by a
licensed veterinarian for the diagnosis
and treatment
of disease
and injuries of animals
and birds.
"Without
provocation"
means
in the absence
of teasing,
tormenting,
abusing
or
assaulting
actions upon the dog, or its owner, either in the past or the present,
by the
person or domestic animal who sustained the bite or attack.
"Zoning
By-law" shall mean Comprehensive
Zoning By-law 4070-2024
of the Township
of Montague, as may be amended from time to time, or any subsequent
Comprehensive
Zoning By-law passed
under Section 34 of the Planning Act.
Section
2
- Interpretation
2.1
This
By--law includes
the
following
Schedules,
annexed
hereto,
and
said
Schedules
are hereby declared to form part of this By-law.
0
Schedule
"A"
--
Dog and Kennel Registration Fees
0
Schedule
"B"
-- Prohibited Animals
0
Schedule
"C"
--
Penalties
2.2
A Decision of a Court of Law that one or more provisions of this By-law are invalid
in whole or in part, does not affect the validity, effectiveness,
or enforceability
of
the other provisions of this By--law.
PART II
-- CARE OF ANIMALS
Section
3
- Responsibility
to Care for Animals
3.1
Every person who keeps an animal within the Township shall ensure that such
animal is provided with:
(a)
A clean and sanitary environment,
free from an accumulation of fecal matter;
(b)
Adequate
and appropriate
care,
food, water,
shelter,
and opportunity for
I'"J"""
"v'"".l'
3.2
Every person who keeps an animal within the Township shall ensure that such
animal is not kept under conditions where an accumulation of fecal matter, odour,
insect, or rodent attractants
disturb or are likely to disturb the enjoyment,
comfort,
convenience
of a person, or may endanger
the health of any person or animal.
(a)
Subsection
3.2 does
not apply to livestock kept in accordance
with the
provisions
of the Township's
current
Zoning By--lawand any applicable
Provincial legislation and/or regulations.
Section
4
- Tethers
4.1
No person shall keep an animal tethered
on a rope, chain, or similar restraining
device unless:
(a)
the tether is of appropriatelengthfor the speciestethered;
4.2
the animal has unrestricted movement
within the range of such tether; and
(c)
the animal cannot injure itself as a result of the tethering.
Despite subsection
4.1(a), in the case of dogs, the tether shall be a minimum of
three (3) metres, or ten (10) feet, in length, provided that the tether does not permit
the animal to go beyond the limits of the person's premises.
4.3
Despite subsection 4.1, no person shall keep an animal tethered where a choke
collar, choke chain, pronged collar, or any type of slip collar or slip lead, forms
part of the tether.
PART III
-- DOGS
Section
5
- Number of Dogs Restricted
5.1
5.2
No person(s)
in the Township shall keep, on any premises, more than a combined
total of (3) three dogs, regardless
of the number of dwellings, rental units, or
persons
residing on the premises.
Subsection
5.1 does not apply to:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
a kennel, as defined herein, that is registered with the Township;
a veterinary hospital;
a pet store;
an Ontario Humane Society shelter or pound;
any dog under the age of four (4) months;
livestock guardian dogs on properties zoned for agricultural purposes;
non--resident dogs that are visiting the Township for a period of not longer
than thirty (30) days, provided that:
(i)
no more than two (2) non-resident
dogs are permitted on a premises,
unless approved by the Township;
(ii)
such animals are to be kept within a building or vehicle, or under
restraint by the owner by means of a leash not measuring
more than
1.8 metres (6 feet) in length;
(iii)
such animal(s)
must have valid pet identification and licensing, to the
satisfaction of the Township;
(iv)
such animal(s) must be duly immunized for rabies within the last twelve
(12) months; and
(v)
non-resident dogs that have been declared dangerous
or prohibited by
any municipality are prohibited.
Section
6
- Registration
6.1
The owner of every dog four (4) months of age or older, within fourteen (14) days
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(a)
register the dog with the Township, and pay an annual tag and registration
fee, as set out in Schedule "A";
(b)
keep the dog identification tag, issued by the Township, securely affixed on
the collar or harness of the dog at all times, unless:
i.
The dog is microchipped; or
ii.
the dog is a police dog, M.N.R.F. dog or livestock guardian
dog,
during the course of fulfillingtheir duties;
(c)
obtain a replacement
tag, and pay the fee as set out in Schedule "",Ain the
event that such tag is damaged
or lost.
6.2
Every applicant
for dog registration
shall provide to the Licencing Of?cer the
following information:
(a)
name, address
and telephone
number of the dog owner;
(b)
name, age, gender, breed and colour of the dog;
(c)
confirmation of microchipping, ifapplicable;
6.3
6.4
6.5
(d)
confirmation
or sterIIIzatIon
ITappIIcapIe
(e)
confirmation
that the Animal Control By-law has been
reviewed andis
understood.
The Licensing Officer shall:
(a)
keep a complete registry of all dogs in respect of which tags are issued; and
(b)
provide each registrantwith
a numbered tag for each dog in respect ofwhich
the tag is issued.
The identi?cation tag issued by the Township is not transferable to another owner,
without the approval of the Township.
Every owner of a dog shall refrain from affixing a dog tag upon a dog other than
the dog for which the said tag was issued. Affixing a tag upon a dog other than
the dog for which the said tag was issued shall subject the owner to the penalty
6.6
6.7
6.8
provided for in this By-law.
The owner of any dog shall not claim such dog to be sterilized when such dog is
not sterilized,
and wrongful claiming
shall subject the owner to the penalty
provided for in this By--law.
Section 6 of this By-law does not apply to police dogs, or M.N.R.F dogs, during
the course of fulfillingtheir duties.
Every owner ofa
dangerous
dog, grandfathered
pit bull, grandfathered
prohibited
dog, or prohibited dog must:
(a)
Provide evidence of appropriate
insurance for liability coverage;
(b)
Provide proof that the dog has been microchipped;
(c)
Provide proof of sterilization;
(d)
signed
affidavit that the dog has not been deemed
prohibited
or
6.9
dangerous inanother Municipality, Province,
State or Country;-
(e)
Post clear public signage,
with a minimum letter size of 4", on the owner's
premises that a dangerous
dog resides on the premises.
Every owner of a dangerous
dog, grandfathered
pit bull, grandfathered
prohibited
dog, or prohibited dog, which has been directed to be removed from the Township,
shall provide to the Township, within 48 hours:
(a)
the dog's microchip number; and
6.10
(b)
the name and address
of the new owner, so the Clerk can notify the new
municipality of the assigned
designation
of the dog by the Township.
Every owner ofa dangerous
dog, grandfathered
pit bull, grandfathered
prohibited
dog, or prohibited dog must notify the Township within 48 hours of a change of
ownership and/or residency of the dog, along with the new address
and owner's
information.
Section
7
- Kennels
7.1
7.2
No person shall operate
or own a kennel within the boundary of the Township of
Montague:
(a)
(b)
(C)
(d)
On a premises
or property that does
not meet zoning provisions or ?re
regulations;
Without a current licence issued by the Township;
Ifthere are convictions or outstanding
Orders against the applicant issued
under the Provincial Animal Welfare Services Act, or under this By-law;
Where
a dangerous,
prohibited,
grandfathered
prohibited, or previously
declared dangerous
dog is kept.
Every person who wishes to operate
a kennel must make an application to the
Township on the approved form, to obtain a kennel licence.
7.3
7.4
7.5
Every person who operates
or owns a kennel shall annually submit an application
for a kennel licence renewal to the Township, not later than January 31Stin each
year and shall pay the required non-refundable
fee as set out in Schedule
"A"
hereto.
Each dog kept shall be licensed by the Township, with the exception of unweaned
pups under four (4) months of age.
Every person who applies for a kennel licence shall submit to the Township, in
the form prescribed by the Township, the following:
(a)
A detailed site plan drawing, drawn to scale, indicating:
(i)
The property on which the kennel is to be located;
(ii)
The location ofall buildings, structures,
dog runs and kennel structures
on the subject
premises;
7.6
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addition
to the
distance
to any
buildings/structures
on
adjacent
properties, especially any residential buildings;
(iv)
A separate
area to be used for isolation of animals suspected
and/or
diagnosed with having an infectious disease.
Every person who applies for a kennel licence, for non-boarding purposes,
shall
submit a list of all dogs to be kept at the subject property, including:
(a)
The breed, age, and description of each dog;
7.7
(b)
Verification of the current vaccination status of each dog, except where there
is evidence that a dog is under four (4) months of age;
(0)
A declaration
that the kenneled
dogs have not been previously deemed
dangerous
or prohibited.
Every person who applies for a kennel licence shall sign a declaration
af?rming
that there are no legal restrictions preventing them from owning or caring for dogs.
-
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,
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/.ts
Ine
Mumcnpal
Law
tntorcement
unicer,
or any
person
appomteo
by
me
Township,
may enter and inspect any place where the dogs are kept, at any
reasonable
time, pursuant
to this By-law. Every person operating a kennel shall
permit such an inspection.
7.9
If there is a change
of ownership of a kennel during the license year, the new
owner must purchase
a new license.
7.10
No person
shall breed
dangerous
or prohibited dogs,
or any dog previously
declared dangerous
or prohibited.
Section
8
- Running
at Large
8.1
For the purposes
of this By--law,a dog shall be deemed to be running at large
8.2
8.3
of its owner or a person who has consented
to it being on their lands. For the
purposes
of this section, a dog shall be deemed to be not under the control of its
owner if it is located in any conservation area, institutional area, park, residential
zone,
or municipal property or road allowance,
unless othenNise indicated by
signage,
within the municipality, and is not on a leash securely
attached to the
owner.
No owner of a dog shall permit the dog to run at large in the Township.
Every owner of a dog shall ensure that the dog is kept on a leash and under the
control of some person when the dog is on any land in the Township unless:
(a)
the land is the premises of the owner of the dog;
(b)
the land is owned by a person who has given prior consent to the dog being
off the leash.
8.4
In the case of parkland that is owned by the Township and designated
by sign as
an area where dogs are required to be kept on a leash, every owner of a dog shall
ensure that the dog is kept on a leash and underthe control of some person when
the dog is in the area designated
by sign.
8.5
No owner of a dog shall use on a dog a leash that exceeds
1.8 metres (6 feet) in
length.
8.6
8.7
No owner of a dog shall control a dog by means of a leash that:
(a)
is not held by the person
in his or her hand, or securely tethered
to the
owner's body; or
(b)
is not securely affixed to some immovable structure
from which the dog
cannot escape.
Section 8 shall not apply to police dogs or M.N.R.F. dogs, during the course of
fulfillingtheir duties.
Section
9
- Impoundment
9.1
9.2
9.3
The Ontario Provincial Police or Municipal Law Enforcement
Officer may seize
any dog which is found running at large in the Township and may cause such dog
to be delivered to the pound.
Any person may seize any dog which is found running at large in the Township
and may cause such dog to be delivered to the pound.
A dog seized
pursuant
to subsections
9.1 or 9.2 above
shall be considered
impounded at the time and place when it comes under the control of the Ontario
Provincial Police, Municipal Law Enforcement Officer or person.
operator
pound
9.5
9.6
law has been delivered shall:
(a)
impound such dog; and
(b)
make reasonable
efforts to determine the identity of the owner of such dog
and to inform such person that the dog has been impounded.
The operator of the pound shall keep an impounded dog for a redemption period
of up to three (3) days.
During the redemption period, the operator of the pound shall:
(a)
provide such veterinary care for an injured or illimpounded dog as may be
necessary
to sustain its life; and
(b)
be entitled to recover from the owner the cost of veterinary care provided
while the dog was impounded,
in addition to any other fees due to the
Township for redemption of the dog.
9.7
9.8
During the redemption
period, the operator
of the pound may euthanize
an
impounded and seriously injured or illdog without delay, when in the opinion of
the operator of the pound such actions are warranted for humane reasons.
During the redemption period, the owner ofa dog impounded pursuant to this By--
law may obtain release of such dog provided that the owner:
(a)
pays the redemption fee;
9.9
(b)
provides evidence that the dog is registered with the Township pursuant to
Section 6 of this By-law or, if not, obtains such registration and pays the
registration fee, as set out in Schedule
"",Aprior to release of the dog; and
(0)
takes such other action as the operator
of the pound or the Township may
direct.
After the expiration of the redemption period the Township may.
(a)
dogto its owner upon compliance with the requirements
for
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prescribed
In suosecnon
9.5;
(b)
keep, sell, or dispose of the dog, subject to the provisions of the Animals for
Research
Act.
9.10
Whenever
a dog impounded
pursuant
to this By-law is released
to its owner
pursuant to subsections
9.8 or 9.9 herein, a record of such release shall be kept
by the operator of the pound and made available upon request to Township.
9.11
Animals found at large by the Ontario Provincial Police or a Municipal Law
Enforcement
Officer, that are critically illor injured or pose a threat to the safety
of persons or other domestic animals, may be destroyed forthwith.
Section
10
- Stoop and Scoop
dog in the
Township:
(a)
on a highway or roadway;
(b)
in a public park;
(c)
on any public property other than a public park; or
(d)
on any private property other than the property of:
(i)
the owner of the dog; or
(ii)
the person having care, custody, or control of the dog.
10.2
Every owner of a dog shall dispose of any feces removed pursuant to subsection
10.1 on his or her premises.
10.3
Every owner of a dog shall remove from his or her premises, in a timely manner,
feces left by such dog, so as not to disturb the enjoyment, comfort, convenience
of any person in the vicinity of the premises.
Section
11
- Dogs in Parks
11.1
No owner of a dog shall have a dog on parkland, or any part thereof, that is
designated
by sign as an area where dogs are prohibited.
11.2
No owner of a dog shall have a dog on parkland, or any part thereof, where the
dog is within five (5) metres, or sixteen (16) feet), of a play structure.
11.3
No person shall, without authority from the Township, erect, alter, move, remove,
or deface or in any manner interfere with any sign designating an area where dogs
are prohibited.
11.4
Subsections
11.1 and 11.2 shall not apply to a service dog when accompanied
by
its handler.
Section
12
- Dangerous
Dogs and Appeals
12.1
12.2
12.3
12.4
No person shall own, keep, harbour, breed or possess
any animal that is deemed
to be dangerous,
as defined by this By-law, if ordered to be removed, on any lot
or premises within the limits of the Township of Montague.
No person shall keep more than one (1) dangerous
dog on a premises.
No owner of a dog shall fail to ensure that the dog does not display vicious or
aggressive
tendencies,
such as growling, baring of teeth, charging,
chasing,
or
lunging at a person or other domestic animal, while off the property of the dog
owner.
No owner of a dog shall fail to ensure that the dog does not bite or attack, without
provocation, a person or domestic animal.
12.5
12.6
12.7
Ifa dog attacks or bites any person, or other domestic animal, without provocation,
such dog shall be deemed to be a dangerous
dog.
Where the Township or Municipal Law Enforcement
Officer is informed upon
complaint, and con?rms that a dog is dangerous,
the Township 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 subsections
12.7 and/or 12.8 of this By-law upon
receipt of such notice to comply.
Once a dog is deemed to be dangerous,
the Municipal Law Enforcement Officer,
or their designate, shall notify the owner, in writing, that the dog has been deemed
to be dangerous,
and the owner shall ensure that:
(a)
the dangerous
dog does
not attack or bite any person
or other animal,
whether on the owner's property or not;
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enclosed area/fenced
yard, capable of restraining the animal;
(i)
the fence referred to in 12.7(b) is required to be an appropriate height
for the breed of dog and constructed
in such a manner that prevents
the dangerous
dog from coming into contact with persons
or other
domestic animals;
(0)
when the dangerous
dog is off the property of the owner, it is to be securely
leashed on a leash not to exceed 1.8 metres (6 feet) in length and muzzled
in a manner that prevents itfrom biting or attacking a person or other animal,
(d)
and is under the control of a competent
person capable
of controlling the
dog and who is over the age of eighteen (18) years;
within 14 days of notification, the owner of a dangerous
dog must post
"Warning Dangerous
Dog Lives Here" signs at the entrance
to the property
and on the perimeter of the property, and the sign must have a minimum
letter size of 4";
all documentation requested
by the Township or Municipal Law Enforcement
Of?ce, as set out in subsection 6.9 herein, shall be provided to the Township
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12.8
12.9
12.10
WITH 14
days
OT nouncauon.
The dog owner of a dog deemed
to be dangerous
may be directed
by the
Municipal Law Enforcement
Of?cer
to remove
the dangerous
dog from the
Township.
Ifthe owner of a dangerous
dog fails to comply with the Township's direction to
remove the dangerous
dog from the Township, the owner may be subject to a
proceeding
under Section 4 of the Dog Owners' Liability Act or under this By--Iaw.
Where the owner of a dangerous
dog, as defined herein, is informed that they
must comply with the provisions of Section 12 of this By-law, the owner may apply
for a hearing in respect
of such notice by submitting an appeal in writing to the
Clerk.
12.11
Upon receipt of the appeal,
the Clerk shall convene
a meeting
of the Appeal
Committee within thirty (30) days and shall give the owner of the dog notice of the
date, time, and location of the hearing.
12.12
The owner, or their agent, may appear at the hearing and present oral or written
evidence relating to the dog.
12.13
If the owner of the dog, or their agent, does not attend at the proper time and
place, the Appeal Committee may proceed with the hearing in their absence,
and
the owner shall not be entitled to any further notice of the proceedings.
12.14
The Appeal Committee shall deliberate the merits of the evidence presented and
shall provide its recommendation
to Council at the next scheduled
Regular
Meeting of Council.
12.15
12.16
In the event that an appeal
is received,
and the Township
has ongoing legal
proceedings
in relation to the subject
property, animals and/or owners from an
incident related to any animals, the hearing will be delayed until such time as the
legal and/or court proceedings
have concluded.
In the event that an appeal is received for an incident in the court's jurisdiction,
and
a
court
hearing
has
concluded
with a ?nding
by the
court
on
the
proceedings/outcome,
the Appeal Committee will provide a recommendation
to
Council, taking into account the court's finding.
12.17
Section 12 shall not apply to police dogs, M.N.R.F. dogs, or livestock guardian
dogs, during the course of fulfillingtheir duties.
PART IV
-- RABIES
Section
13
- Rabies Immunization
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13.2
:very
owner or a 009 rour r4)
montns
or age or over snarl
ensure
mat
me dog
is
duly immunized against rabies and that the immunization is current.
Subsection 13.1 shall be jointly enforced by the Medical Of?cer of Health pursuant
to the provisions of the Health Protection and Promotion Act, and the Municipal
Law Enforcement Officer for the Township, pursuant
to the provisions of this By--
Law and Section 61 of the Provincial Offences Act.
Section
14 - Rabies Suspects
14.1
Every owner ofa dog inthe Township, which is suspected
of having been exposed
to rabies, or which has bitten, scratched or had other contact which may result in
rabies in a person, shall on demand surrender such animal to the Township to be
held by the Township in quarantine, without cost to the owner, for ten (10) days
from
quarantine without permission
from the Medical Of?cer of Health.
14.2
Every licensed veterinarian
is to report to the Medical Officer of Health their
diagnosis of any animal observed
by them as a rabies suspect.
14.3
Despite subsection
14.1, at the discretion of the Medical Officer of Health, an
animal may be held in quarantine on the premises of the owner, or at the owner's
expense
in a veterinary hospital or licensed kennel of the owner's choice.
14.4
Subsections
14.1 and 14.2 shall be enforced
by the Medical Officer of Health,
pursuant
to the provisions of the Health Protection and Promotion Act.
PART V
-- PROHIBITED ANIMALS AND NUISANCE ANIMALS
Section
15
- Prohibited
Animals
15.1
No person shall keep in the Township, either on a temporary or permanent
basis,
any prohibited animal, as set out in Schedule ""B.
Section
16
- Nuisance
Animals
16.1
No owner shall permit their animal to become
a nuisance animal, by irritation,
annoyance
or bother
to other persons
or other animals
by being at large,
trespassing
on private property, chasing, barking/whining/howling,
or making any
other excessive
animal noise.
16.2
Once an animal is deemed
to be a "nuisance",
the Municipal Law Enforcement
Officer, or their designate,
shall notify the owner of the "nuisance
animal",
in
writing, that the animal has been deemed
to be a "nuisance" and the owner shall
take action as directed by the Municipal Law Enforcement
Officer to prevent the
animal from continuing to be a nuisance.
PART VI
-- SPECIAL EVENTS
Section
17
- Special
Events
17.1
Where a Special Event such as an exhibition, circus, traveling show, petting 200
or any other like show that has prohibited animals, as defined in Schedule "B"of
this By-law, requests
entry into the Township for the purposes of public display of
such animals the operator/owner
in charge of the Special Event must:
(a)
apply in writing, 45 days prior to the intended date,
to the Clerk for the
(b)
Township, for permission to enter the Township with prohibited animals for
the said purpose;
provide proof of a Comprehensive
Policy of Public Liability and Property
Damage insurance acceptable to the Township providing at least Two Million
Dollars ($2,000,000)
coverage;
obtain such permit prior to the commencement
of the permitted activity.
display the permit in plain sight and in a conspicuous
location at all times
during the times and dates of the special event;
not obstruct, interfere, or prevent a Municipal Law Enforcement Officer from
conducting an Inspection under Section 23 of this By-law before or during
the special event;
be in full conformance
with all applicable Federal, Provincial and Municipal
laws governing
the possession,
keeping and transportation
of the subject
animals being used in said function in the Township of Montague, as well as
kept
permanent
17.2
17.3
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The Clerk for the Township may approve the application and issue a permit from
the Township for the authorized purpose.
Failure to comply with all requirements
of this By-law as well as any other
conditions set out by the Clerk, may result in the permit being revoked and the
person/persons
in possession
of any animals listed in Appendix "B"being subject
to the penalty provisions of this By-law.
PART Vll
-- EXEMPTIONS
Section
18
- Exemptions
18.1
Hospitals, clinics, and other premises
in operation
by licensed veterinarians
for
the care and treatment
of animals are exempt from the provisions of this By-law,
except where expressly stated.
18.2
18.3
18.4
Any farm as defined in this By--lawshall conform to all provisions of this By-Iaw,
except where expressly
stated.
Notwithstanding any other provision of this By-law to the contrary, the owning,
keeping, harbouring, feeding or raising of entities identified on Appendix "B" in
Category
Numbers 4, 5, 7, 8 and 9, shall be permitted on any lands which are
zoned Agriculture (A) in the Zoning Bylaw, or zoned in a zoning category in the
Zoning By-law which permits a Farm, Intensive Farm, Limited Farm as defined in
this By-law or the keeping of any one or all of the types of farm animals or species
identified on Appendix "B" in Categories
4, 5, 7, 8 and 9, and
subject
to
compliance
with the
Minimum Distance
Separation
(MDS) formula,
where
applicable, and the Nutrient Management Act, where applicable;
applicablezoning in the Zoning By--lawspeci?cally
prohibits the
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Appendix "B"in Categories 4, 5, 7, 8 and 9, on a specific property, the exemption
provided under 19.3 shall not apply to that property for those categories
that are
prohibited;
18.5
Where there is conflictwith any other Provincial or Federal Act or legislation which
would prohibit the owning, keeping, harbouring, feeding or raising of any of the
species
identified in Categories
4, 5, 7, 8 and 9, the provisions of those Acts or
legislation shall supercede
this By-law.
PART VIII
-- OFFENCES AND PENALTIES
Section
19
- Offences
19.1
Any person who contravenes
any provision
ot this By-law is guilty ot an ottence.
Section
20
- Penalties
20.1
Every person who is convicted of an offence under this By-iaw is liable to a fine
as provided for in the Provincial Offences Act.
20.2
When a person has been convicted ofan offence under this By-Iaw by the Ontario
Court of Justice, any court of competentjurisdiction
thereafter may, in addition to
penaltv
Imposed
person
convicted,
the
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SCHEDULE "A"
Dog & Kennel Registration
Fees
Dog Tag
$15.00
Dog Tag
-- Microchigped (proof required)
$5.00
Dog Tag
-- Service Dog (proof required)
No Charge
Replacement Tag
$5.00
Dog Tag for a Grandfathered
Dangerous or Prohibited Dog
$500.00
Kennel License
$150.00
*Once updated
in the Fees
and
Charges
By--Iaw, will be removed
from this
Schedule page and the notation "Refer to Current Fees and Charges
By--law"will
be included here.
SCHEDULE "B"
Prohibited
Animals
It is prohibited to keep, breed or raise any domestic
animal, farm animal, wild animal,
exotic
animal,
amphibian,
reptile,
arachnid,
fish or insect
including
any
tamed
or
domesticated
wild animal or part wild animal on any lot or in any building or structure
on
such lot within the limits of the Township
of Montague
that is included in this Schedule,
unless otherwise provided for in this by-law,as follows:
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Non-human primates (ie. Monkeys, Chimpanzees)
Wild Canids (ie. Foxes, Wolves, Coyotes)
Wild Felids (ie. Leopards, Cougars,
Lynx)
Mustelids (ie. Mink, Skunks, Otters, Weasels,
but excluding Ferrets)
Ungulates (ie. Horses, Cattle, Swine, Sheep, Goats, any hoofed animal)
Raptores
(ie. Falcons,
Hawks, Owls)
Galliformes (ie. Chickens, Quail, Pheasants,
Turkeys, Guinea Fowl)
Anseriforms (ie. Ducks, Geese,
Swans)
Columbiformes (ie. Pigeons)
Dangerous
Fish (ie. Piranha, Electric Eels)
Dangerous
Dog or Prohibited Dog as defined in this By-law
Pit Bull dog
- as defined in this By-law and the Dog Owner's LiabilityAct
SCHEDULE "C"
Penalties
Page 1 of1
COLUMN 1
COLUMN 2
COLUMN 3
Item
Short Form Wording
Provision
Set Fine
#
Defining Offence
Fail to care for an animal in a
clean environment
Section 3.1 (a)
$200.00
2.
Fail to provide adequate
food/
Section 3.1 (b)
$200.00
water/shelter/care
3.
Owner-- No dog tag
Section 6.1(a)
$100.00
4.
Pet tag not affixed to pet
Section 6.1Lb)
$100.00
5.
Pet tagged with other than tag
Section 6.5
$100.00
issued
6.
Make false claim
-- sterilized
Section 6.6
$300.00
7.
Own, operate
or conduct a
Section 7.1(b)
$500.00
kennel without a licence
8.
Dog not under control
Section 8.3
$150.00
9.
Own/harbour/breed
a dangerous
Section 12.1
$500.00
animal
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Fail to maintain effective control
Section 12.7(c)
$500.00
of a dangerous dog
12.
Owner-- Dog with no current
Section 13.1
$500.00
rabies immunization
13.
Own/harbour/breed
a prohibited
Section 15.1
$1,000.00
animal
14.
Fail to ensure animal is not a
Section 16.1
$150.00
nuisance
15.
No Special Event Permit
Section 17.1(c)
$500.00
16.
Fail to post warning signs
Section 6.8(e)
$250.00
Section 12.7(d)
17.
Fail to display Special Event
Section 17.1(d)
$250.00
Permit
'18.
Obstruct Of?cer conducting
Section 17.1 (e)
|$500.00
I
inspec?on
NOTE: The general
penalty provision
for the offences
listed above
is Section
20
of By-law 4214-2026, a certified
copy of which has been filed with the Court.