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MUNICIPALITY OF NORTH MIDDLESEX
By-Law No. 090 of 2022
BEING A BY-LAW TO PROVIDE REGULATION, RESTRICTION AND
PROHIBITION OF DOGS, ANIMALS AND EXOTIC ANIMALS IN THE
MUNICIPALITY OF NORTH MIDDLESEX
Short form title: "Animal Control By-law"
WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 ("Municipal
Act") authorizes a lower-tier municipality to pass by-laws with respect to animals;
AND WHEREAS Section 103 of the Municipal Act allows Municipalities to pass a
Bylaw regulating or prohibiting with respect to the being at large or trespassing of
animals;
AND WHEREAS Section 105 of the Municipal Act provides for Council to have
provisions within the By-law pertaining to muzzling of a dog and hold a hearing to
determine whether or not to grant an exemption;
NOW THEREFORE the Municipal Council of the Corporation of the Municipality of
North Middlesex enacts as follows:
Part 1 - Definitions
1.1.
Definitions in this by-law:
1)
"Animal" shall include any domestic animal, exotic animal and/or
agricultural animal within the boundaries of the Municipality of North
Middlesex.
2)
"Animal Control Officer" shall mean a person(s) appointed by the
municipality, whose duties include the enforcement of this by-law.
3)
"Council" shall mean the Council of the Municipality of North
Middlesex.
4)
"Dangerous Dog" means any dog:
a) That has bitten or injured a human being or domestic animal; or
b) That has been threatening or aggressive towards a human being
or domestic animal.
5)
"Dog" shall mean a male or female dog over the age of three (3)
months.
6)
"Dwelling Unit" shall mean a single room or series of rooms of
complementary use which are located in a building in which food
preparation, eating, living, sleeping and sanitary facilities are
provided for the exclusive use of the occupants thereof; which has a
private entrance directly from outside the building or from a common
hallway or stairway inside the building; and in which occupants have
access to all the habitable areas and facilities of the unit.
7)
"Guard Dog" shall mean a dog used for security purposes on land
legally used for industrial or commercial purposes.
8)
"Herding Dog" means a dog that has been trained and is actively
being used on land legally used for a bona fide farming operation for
the purposes of controlling livestock on the farm.
9)
"Hunting" shall mean lying and waiting for, searching for, being on
the trail of, pursuing, chasing or shooting at wildlife, whether or not
the wildlife is killed, injured, captured or harassed, and does not
include trapping.
10)
"Kennel" shall mean a lot, building, structure or establishment in
which four (4) or more dogs are housed, boarded or bred.
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11)
"License Agent" shall mean a person appointed by Council to issue
dog licenses.
12)
"License Issuer" shall mean the Licensing Officer for the Municipality
of North Middlesex.
13)
"Livestock" shall mean any domestic fowl (including chickens, geese,
ducks, turkeys, guinea fowl, swans, etc.), domestic rabbits (when
more than 3 rabbits are kept), horse, donkey, mule, bull, oxen, cow
or other cattle, goat, swine, sheep, llama, alpacas, mink, fox, emu,
ostrich.
14)
"Livestock Guardian Dog" (LGD) shall mean a dog that works and/or
lives with domestic farm animals such as cattle, sheep and poultry to
protect them while repelling predators and is used on land legally
used for exclusively for that purpose.
15)
"Municipality" shall mean the Municipality of North Middlesex.
16)
"Owner" includes a person who keeps, possesses or harbours a dog
and where the owner is a minor the person responsible for the
custody of the minor.
17)
"Person" includes any physical or corporate entity, partnership or any
association and the heirs, executors, administrators, successors and
assigns or other legal representative thereof to whom the context
may apply.
18)
"Pet Shop" shall mean an establishment engaged in the retail sale of
animals.
19)
"Pet Shopkeeper" shall mean a person who has the charge, care or
ownership of a pet shop.
20)
"Pound" means premises, regulated under the Animals for Research
Act, that are used for the confinement maintenance or disposal of
animals that have to be impounded pursuant to this by-law.
21)
"Pound Keeper" shall mean a person appointed by the Municipality of
North Middlesex to act in the capacity of Pound Keeper.
22)
"Premises" includes the entire lot on which a building may or may not
be situated.
23)
"Restrained" (Dangerous Dog) means being kept inside a building or
house or in an enclosed pen of sufficient dimension and strength to
be humane and secure so as to prevent a dog from coming in contact
with or making a real and substantial threat of attack on a person
other than the owner of the dog, or invitee of the owner, and includes
keeping such dog securely on a leash of not more than 2 meters in
length when outside of such building, house or enclosed pen.
24)
"Running at Large" shall mean to be found in any place other than
the premises, either leased or owned, of the owner of the dog and or
animal not either under the physical control of any person, or on a
leash or in a properly fenced in area.
25)
"Enforcement Officer" means any person employed as Municipal By-
law Enforcement Officer, Provincial Offences Officer or member of the
OPP and or any other persons appointed by by-law to enforce the
provisions of this by-law.
26)
"Service Animal" means, as defined in the Accessibility for Ontarians
with Disability Act, 2005, and animal for a person with a disability if:
a)
It is readily apparent that the animal is used by the person
for reasons relating to his or her disability; or
b)
The person provides a letter from a physician or nurse
confirming that the person requires the animal for reasons
relating to the disability.
Part 2 - Exemptions
2.1.
Animal Hospital-Clinic-Kennel-Registered
This by-law shall not apply to an animal hospital, clinic or kennel, lawfully
operated for the exclusive purpose of treating sick or injured animals and
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supervised by a veterinarian who is a registered member of the Ontario
Veterinary Association.
2.2.
Pound
This by-law shall not apply to a pound.
2.3.
Pet Shop
With the exception of prohibited animals, this by-law shall not apply to pet
shops.
2.4.
Zoos-Fair-Exhibitions-Circuses-Authorized
This by-law shall not apply to animals maintained in a temporary zoo, fair,
exhibition, dog show or circus not longer than three days, operated or
licensed by a municipal or other governmental authority.
2.5.
Service Dogs
This by-law shall not apply to dogs maintained in a zoo, fair exhibition, dog
show or circus operated or licensed by a municipal or other governmental
authority.
2.6.
Research Facility - registered
This by-law shall not apply to dogs maintained at a research facility
registered under the Animals for Research Act.
Part 3 - Keeping of Dogs
3.1.
Maximum - 2 Per Premises
No person shall keep more than 2 dogs in any one dwelling unit or on any
premises.
3.2.
Kennels - Registered
No kennels are permitted within zones except as specifically authorized
under the North Middlesex Zoning By-law.
3.3.
Guard Dogs - Industrial-Commercial Premises
Notwithstanding section 3.1 of this by-law, more than two (2) guard dogs
may be licensed for lawfully used industrial or commercial premises. Where
such dogs are present at a premise, post in a conspicuous place at the
entrance(s) of the owner's premises a clearly visible sign warning of the
presence of guard dog(s).
3.4.
Livestock Guardian Dogs and Herding Dogs
Notwithstanding section 3.1 of this by-law, more than two (2) livestock
guardian dogs and/or herding dogs may be licensed for lawful livestock
operations on agricultural premises. Where Livestock Guardian Dogs are
present at a premise, post in a conspicuous place at the entrance(s) of the
owner's premises a clearly visible sign warning of the presence of Livestock
Guardian Dog(s).
3.5.
Excrement-Removal-Disposal-Sanitary-Immediate
Every owner of a dog shall remove forthwith and sanitarily dispose of
excrement left by the dog anywhere in the Municipality.
3.6.
Trespassing Without Consent by Dog Prohibited
No person shall permit a dog to enter upon the private property of another
person or to remain on the private property of another person without the
property owner's consent.
3.7.
Running at Large Prohibited
No owner of a dog shall permit the dog and/or animal to run at large or to
fail to prohibit the dog and/or animal from running at large.
3.8.
Keeping of Dangerous Dogs
1)
When a dangerous dog is off its owner's property the owner shall:
a)
Ensure the dog is muzzled in a humane manner at all times;
b)
Ensure the dog is on a leash not longer than one (1) meter; and
c)
Ensure the dog is under the control of a person over the age of
eighteen.
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2)
When a dangerous dog is on its owner's property the owner shall:
a)
Ensure the dog is securely confined indoors or in a locked pen
that meets the following standards:
i.
The pen shall be suitable to prevent the escape of the
dangerous dog and capable of preventing the entry of
any person not in control of the dog.
ii.
The pen must have minimum dimensions of two (2)
meters and must have secure sides and secure top.
iii.
If the pen has no bottom secured to the sides, the side
must be embedded into the ground no less than thirty
(30) centimeters deep.
iv.
The pen shall also provide protection from the elements
for the dog.
v.
The pen shall not be within three (3) meters of the
property line or within three (3) meters of a
neighbouring dwelling unit.
3)
The owner of a potentially dangerous or dangerous dog as designated
by Section 3.8 shall pay a dangerous dog license fee of $200.00 and
provide proof of $1 million in liability insurance.
4)
Failure to keep a dangerous dog license will result in the removal of
the dog from the Municipality as signed off by the Enforcement Officer
or euthanasia of the dog.
3.9.
Designation As Potentially Dangerous or Dangerous Dogs
1)
Where an Enforcement Officer is satisfied that, in the absence of any
mitigating factor, a dog has approached a person or domestic animal
in a menacing fashion or apparent attitude of attack, including but
not limited to, behaviour such as growling or snarling, the
Enforcement Officer may issue a designation in writing to the owner
designating a dog as potentially dangerous or dangerous, as shown
in Schedule "B".
2)
Where an Enforcement Officer is satisfied that a dog:
a)
Has, in the absence of any mitigating factor, attacked, bitten or
caused injury to a person or has demonstrated a propensity,
tendency or disposition to do so;
b)
Has in the absence of any mitigating factor, significantly injured
or killed a domestic animal; or
c)
Having been previously designated as potentially dangerous, is
kept or permitted to be kept is in violation of the requirements
for a potentially dangerous dog, the Enforcement Officer may
issue a designation in writing to the owner of the dog, designating
the dog as dangerous.
3)
No owner of a dog designated as potentially dangerous or dangerous
shall transfer ownership of the dog without first having obtained the
written consent of the Pound keeper. In granting or refusing consent,
the Pound keeper shall consider the likelihood that all the applicable
provisions of this By-law and the Dog Owners' Liability Act, including
any orders under that Act, will be met.
4)
In addition to complying with all the applicable provisions of this By-
law, every owner of a dog designated as dangerous shall adhere to
the conditions laid out in the Potentially Dangerous Dog Designation
Order, as set out in Schedule "B" and signed by the Enforcement
Officer.
5)
Where a dog has been designated as a potentially dangerous or
dangerous dog the owner may appeal to North Middlesex Council, by
written notice, within fifteen (15) days of the Municipality notifying
the owner of the decision to designate the dog.
6)
Where an owner appeals to the Municipality of North Middlesex
Council shall hear the appeal by way of a new hearing under the
Statutory Powers Procedure Act to determine whether the dog is
dangerous or potentially dangerous.
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7)
No member of Council or its staff is personally liable for anything done
by it or him or her under authority of this by-law.
3.9.
Owner's Responsibilities
1)
No owner of a dog shall fail to prevent her/her dog from:
a)
Threatening, biting or attacking any person;
b)
Threatening, biting or attacking any domestic animal; or
c)
Damaging public or private property.
2)
No owner of a dog shall use a chain as a means of confinement.
3.10. Standard of Animal Care
1)
No person may keep any animal unless the animal is provided with:
a)
Clean potable drinking water in spill proof containers at all times
and suitable food in sufficient quantity and quality to allow for
normal growth and maintenance of normal body weight;
b)
Food and water receptacles that are kept clean and disinfected
and located so as to avoid contamination by excreta;
c)
The opportunity for periodic exercise sufficient to maintain good
health;
d)
Necessary veterinary medical care when the animal exhibits signs
of pain or suffering.
2)
No person may keep any animal which normally resides outside, or
which is kept outside for short to extended periods of time, unless
the animal is provided with outside shelter.
3)
No person may cause a dog to be hitched, tied, or fastened by any
rope, chain or cord that is directly tied around the animal's neck or
to a choke collar.
4)
No person shall cause a dog to be confined in an enclosed space
without adequate ventilation.
5)
No person shall allow any domestic animal to suffer from any
infectious disease.
3.11. Livestock
Livestock will be addressed in accordance with the North Middlesex Zoning
By-law.
Part 4 - Licensing
4.1.
Licensing Agent - Appointed-Authorized
The Council shall appoint, if required, a licensing agent or agents for the
Municipality and every such license shall be executed on behalf of the
Municipality.
4.2.
Registration Information Requirements
The license agent shall keep a record showing the following dog license
registration information:
1) Name and address of dog owner;
2) Serial number of tag;
3) Date of registration;
4) Description of dog;
5) Amount of fee paid upon registration.
4.3.
Application License Description Fee
Every license application shall be accompanied by the following:
1) Description of dog including the colour, breed and name;
2) Applicable fee.
4.4.
License Annually
Every owner shall cause his/her dog to be licensed annually and every owner
shall re-new the license annually.
4.5.
Expiry-Annual-December 31
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Every license issued by the license agent shall expire on the thirty-first day
of December of the year for which it is issued and shall be renewable
annually.
4.6.
1) Tag serial number issued upon payment of fee
Upon Payment of the applicable fee(s), the owner shall be furnished with
a dog tag bearing the serial number and the year for which it was issued.
2) Tag affixed securely to dog at all times
When the dog is not on the owner's premises, 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.
3) Tag replacement when lost
When a tag has been lost, an application shall be made to the license
agent for a replacement tag.
4) Tag replacement proof of payment plus fee
The application shall be accompanied by proof that the current year's
license fee has been paid and the applicable replacement tag fee.
5) Tag removal
No person shall, within the Municipality, unlawfully remove a dog tag
from a licensed dog.
6) Ownership change in failure to notify
Every owner shall notify the license agent upon the change of ownership
of a licensed dog.
7) Exemption for livestock guardian dog and herding dog
Section 4.6 (2) and (5) shall not apply to dogs legally authorized as
livestock guardian dogs and/or herding dogs while on the owners leased
or owned premises.
4.7.
Owners of a potentially dangerous or dangerous dog shall obtain a
dangerous dog license and provide the license agent with proof of $1 million
in liability insurance.
Part 5 - Kennels
5.1.
No person shall keep a dog kennel within the Municipality unless that use is
allowed in the appropriate section of the Municipality's zoning by-law.
5.2.
Subject to proper zoning, any person or persons who keep more than two
(2) dogs at one location may apply for a kennel license as set out in Schedule
"C" to this by-law.
5.3.
A kennel license may be issued to the owner of confined dogs kept
exclusively for hunting, working or dog-sled purposes.
5.4.
The Council of the Municipality of North Middlesex reserves the right to
refuse a kennel license.
5.5.
Every person who holds a kennel license shall comply with the following
requirements:
1)
The license shall be displayed at all times in a conspicuous place in
the interior of the premises;
2)
The premises shall be maintained in a sanitary, well ventilated, clean
condition and free from offensive odours;
3)
The animals shall be kept in sanitary, well bedded, well ventilated,
naturally lighted, clean quarters and a healthful temperature shall be
maintained at all times;
4)
The animals shall be adequately fed and watered and kept in a clean,
healthy condition, free from vermin and disease;
5)
The kennel building shall be in a separate building and shall not be
attached to any building used or capable of being used for human
habitation;
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6)
The kennel and its location shall conform to the applicable zoning by-
law and the Ontario Building Code and the building shall be
maintained in damage-free condition;
7)
The kennel building shall have a floor of concrete or other
impermeable material and shall have a drain opening constructed as
a plumbing fixture and such floor shall be thoroughly cleaned daily,
or more often as necessary;
8)
Any cage shall be adequately sized to allow the animal to extend it's
legs to their full extent, to stand, sit, turn around or lie down in a fully
extended position. There must also be sufficient space to enable
species appropriate contact, provide bitches with nursing puppies an
additional 10% space per nursing puppy, and provide for the social
and behavioural needs of the dog.
5.6.
If dogs are being housed outside, an example being a hunting dog, the breed
of dog must be properly acclimatized to seasonal and regional temperatures.
Aged, young or infirmed dogs shall be housed indoors. Shelter and
protection from cold and heat must be provided including protection from
direct sunlight, rain sleet and snow, which includes an enclosed area with
dry bedding, properly drained and a cement pad or patio stones in front of
the dog house door.
5.7.
The Enforcement Officer may inspect any place where the animals are kept,
pursuant to this by-law.
5.8.
If the kennel is found not to conform to the requirements set out herein, the
Enforcement Officer may direct that the animals be seized and impounded
and may revoke the license issued to the kennel.
5.9.
Every owner or operator of a kennel shall allow access to the facility for the
purpose of inspection at all reasonable hours by an Enforcement Officer.
5.10. Every owner or operator of a kennel shall allow access to the facility for an
annual inspection as part of the renewal process and the inspector shall
complete the Kennel Inspection Checklist as shown in Schedule "D"
Part 6 - Keeping of Prohibited Animals
6.1.
No person shall keep any animal of a kind indicated in Schedule "A" to this
By-law.
Part 7 - Fees
7.1.
Fees
The license fees to be paid to the Municipality shall be as set out in Schedule
"F" to this By-law.
7.2.
Service Animals, Livestock Guardian Dogs, Herding Dogs - Police
Service Dogs Exempted
Service animals, Livestock Guardian Dogs, Herding Dogs and police service
dogs are exempt from the payment of all license fees applicable pursuant
to this by-law.
7.3.
Pound Fees - Payment Proof of Ownership Required
Where a dog is claimed from the Pound keeper, the owner shall provide
proof of ownership of the dog, as well as proof of payment for a current dog
license, and pay the Pound keeper the applicable maintenance charges
prescribed, and any other damages, fines and expenses according to law.
Part 8 - Impounding
8.1.
Seizure - Impounding
The Pound keeper shall impound any dog seized by him/her or delivered to
him/her by a police officer, municipal enforcement officer or Animal Control
Officer.
8.2.
Claim - within 5 days - release
The owner or keeper of a dog impounded for being at large shall be entitled
to redeem such dog within 5 days of impoundment, upon paying the Pound
keeper the applicable maintenance charges prescribed, and any other
damages, fines and expenses according to law.
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8.3.
Owner to Claim Dog Before Disposal
The owner of a dog that has been impounded may, upon application to the
Pound keeper, claim the dog before the Pound keeper is entitled to dispose
of the dog according to the provisions of Section 8.4 of this by-law.
8.4.
Disposal - Dog Not Claimed - Pound keeper Discretion
Where a dog is impounded and is not claimed by the owner thereof within
the redemption period specified under this by-law, the Pound keeper may
retain the dog for such further time as he/she may consider proper and
during that time the Pound keeper may:
1)
Sell the dog for such price as he/she may consider proper;
2)
Euthanize the dog;
3)
Dispose of the dog in accordance with the Animals for Research Act.
8.5.
Euthanasia - For Humane/Safety Reasons
Where a dog that is captured or taken into custody is injured and in the
opinion of the Pound keeper should be destroyed without delay for humane
reasons or for reasons of safety to persons or animals, the Animal Control
Officer, or other trained person appointed by the Pound keeper, may
euthanize the dog in a humane manner as soon after capture or taking into
custody as he/she may determine, and may do so without permitting any
person to reclaim the dog or without offering it for sale.
8.6.
Euthanasia - Dangerous Dog Running at Large
In the opinion of an Animal Control Officer, where a dog cannot be captured
and where the safety of persons or animals are endangered, the Animal
Control Officer may euthanize the dog and no damages or compensation
shall be recovered by the owner of the dog for said destruction.
8.7.
Veterinary Services - Required Payable by Owner
Where a dog is captured or taken into custody, and the services of a
veterinarian are secured by the Pound keeper, the Owner shall pay to the
Pound keeper 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.
8.8.
Compensation - to Dog Owner Prohibited
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:
1)
Recovered by any owner or other person; or
2)
Paid by the Municipality.
Part 9 - Excessive Barking
No owner shall allow his or her dog or dogs to become a nuisance by howling
or barking excessively. Any person so aggrieved by the howling or barking
of a dog or dogs may appear before a Justice of the Peace and swear an
information charging the owner with a breach of this section. The Municipal
Act RSO 1990 Chapter M.45 Section 210 (138). This Section shall not apply
to Livestock Guardian Dogs or Herding Dogs while actively engaged as
Livestock Guardian Dogs or Herding Dogs.
Part 10 - Enforcement
10.1. Penalty
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, as amended from time to time, and all such
penalties and costs may be recovered under the Provincial Offences Act, as
per Schedule "E" attached hereto this By-law.
10.2. Investigation
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The Animal Control Officer, Municipal Enforcement Officer and or Member of
the Ontario Provincial police may enter onto private property to determine
a violation of this by-law.
Part 11 - Transition
11.1. Every license issued pursuant to By-law #010 of 2010, as amended, shall
be deemed to be a license issued under this by-law and every such license
shall continue to be valid until its normal date of expiry.
11.2. Every act taken pursuant to the predecessor to this by-law shall, as
necessary, be deemed to have been taken pursuant to this by-law and every
such act may be carried to its conclusion pursuant to the authority granted
by this by-law.
11.3. If an act has been validly commenced pursuant to the predecessor to this
by-law and authority for such act does not exist pursuant to this by-law then
such act may be continued to its conclusion and the portions of the
predecessor to this by-law necessary to permit such act to be concluded
shall be deemed to remain in effect for the purposes of bringing such act to
a conclusion.
Part 12 - Repeal-Enactment
12.1. That By-law 010 of 2010, as amended, and any by-law in inconsistent with
this by-law is hereby repealed.
13.2 That Schedule "B" of By-law 07 of 2022 be deleted and replaced with
Schedule "F" of this By-law and retitled as Schedule "B" in By-law 07 of
2022.
Part 13 - Effective Date
13.1. This By-law shall come into force and effect upon approval of the set fine
schedule (Schedule "E") by the Office of the Regional Senior Justice Ontario
Court of Justice West Region.
READ a first and second time this 7th day of September, 2022.
READ a third time and finally passed this ______ day of _____________, 2022.
__________________________________
Mayor
__________________________________
Clerk
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Schedule "A"
Municipality of North Middlesex
By-law # 090 of 2022
Prohibited Animals (excepting Livestock as authorized in Zoning By-law)
Class
Order
Examples (including, not
limited to)
Exceptions/Notes
Mammalia
(Mammals)
Afrosoricida
Tenrecs, Golden Moles
Artiodactyla
Deer, Cattle, Pigs, Sheep, Goats,
Llamas, Alpacas
Except for pot-bellied
pigs/mini pigs kept as
pets
Carnivora
Felines (Tigers, Lions, Leopards,
Servals), Feline hybrids, Civets,
Canines (Coyotes, Wolves,
Foxes), Canine Hybrids, Bears,
Seals, Skunks,
Weasels, Raccoons, Coatis
Except domestic dogs,
domestic cats and
domestic ferrets
Chiroptera
Bat, Flying Foxes
Cingulata
Armadillos
Dasyuromorphia
Tasmanian Devils
Didelphimorphia
Opossums
Diprotodontia
Wombats, Sugar Gliders
Except Sugar Gliders
derived from self-
sustaining captive
populations
Erinaceomorpha
Hedgehogs, Moonrats
Except domestic
hedgehogs
Hyracoidea
Hyrax, Dassies
Lagomorpha
Pikas, Rabbits, Hares
Except domestic
rabbits
Macroscelidea
Elephant Shrews
Microbiotheria
Monito del Montes
Monotremata
Echidnas, Platypuses
Notoryctemorphia
Marsupial Moles
Paucituberculata
Shrew Opossums
Peramelemorphia
Bandicoots, Bilbies
Perissodactyla
Horses, Zebras, Donkeys
Primates
Lemurs, Bush Babies, Monkeys,
Apes
Rodentia
Beavers, Squirrels, Mice,
Porcupines, Capybaras, Rats
Except rodents which
do not exceed 1500
grams & are derived
from self-sustaining
captive populations
Scandentia
Treeshrews
Soricomorpha
Moles, Shrews
Tubulidentata
Aardvarks
Aves (Birds)
Anseriformes
Ducks, Geese, Swans
Apodiformes
Hummingbirds, Swifts
Bucerotiformes
Hornbills
Caprimulgiformes
Nightjars
Vathartiformes
Vultures
Charadriiformes
Gulls, Auks, Plovers
Ciconiiformes
Storks
Coliiformes
Mousebirds
Columbiformes
Pigeons, Doves
Coraciiformes
Kingfishers
Craciformes
Curassows, Guans
Cuculiformes
Cuckoos, Turacos
Falconiformes
Falcons, Eagles, Hawks
Except those owned
by falconers licensed
by the Ontario
Ministry of Natural
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Resources and
Forestry
Galbuliformes
Jacamars, Puffbirds
Galliformes
Pheasants, Quail
Gaviiformes
Loons
Gruiformes
Bustards, Cranes, Rails
Musophagiformes
Turacos
Passeriformes
Wrens, Swallows, Warblers
Pelecaniformes
Pelicans
Phaethontiformes
Tropicbird
Phoenicopteriformes
Flamingoes
Piciformes
Toucans, Woodpeckers
Podicipediformes
Grebes
Procellariiformes
Albatrosses, Petrels
Pteroclidiformes
Sandgrouse
Strigiformes
Owls
Except those owned
by falconers licensed
by the Ministry of
Natural Resources and
Forestry
Struthioniformes
Ostriches, Emus, Kiwis
Tinamiformes
Tinamou
Trogoniformes
Trogons, Quetzals
Upupiformes
Hoopoes
Reptilia
(Reptiles)
All squamata purely
or partially of the
following species
- the genus Eunectes
(Anacondas)
- Morelia amethistina
(amethystine and scrub
pythons)
- Python molurus (Indian python,
Indian rock python, Burmese
python)
- Python sebae (African rock
python)
- Python reticulatus (Reticulated
python)
- Varanus niloticus (Nile monitor)
- Varanus salvadorii (Crocodile
monitor)
- Varanus salvator (Water
monitor)
- Varanus varius (Lace monitor)
- Varanus giganteus (perentie)
- Varanus komodoensis (Komodo
dragon)
- The family Viperidae (Tru
vipers, Fea's viper, Night
adders, Rattlesnakes etc.)
- The family Elapidae (Cobras,
Mambas, Kraits, Coral snakes
etc.)
- The subfamily Hydrophiinae
(Sea snakes, Coral reef snakes
etc.)
- The genus Dispholidus
(Boomslang snakes)
- The genus Thelotornis (Twig
snakes)
- The genus Rhabdophis
(Keelbacks)
- The genus Atractaspis
(Burrowing vipers, Mole vipers)
- Philodryas viridissimus (South
American Green racer)
- The family Helodermatidae (Gila
monster, Beaded lizards)
P a g e 12 | 20
Crocodylia
All species purely or partially of
the order Crocodylia (Alligators,
Crocodiles, Caymans, Gavials
etc.)
All arachnids purely
or partially of the
following species:
- The family Buthidae (Fat tailed
scorpions, Bark scorpions etc.)
- The family Ctenidae (Wandering
spiders)
- The genus Latrodectus (Black
widow spiders)
- The family Sicariidae (Brown
recluse spider, Assassin spider
etc.)
- The family Hexathelidae
(Australian funnel web spiders)
All species purely or partially of
the class Chilopoda (Centipedes)
Rhynchocephalia
Tuatara
Testudines
Seas turtles, Red-eared slider
Amphibia
(Amphibians)
Anura
Frogs, Toads
Except those derived
from self-sustaining
captive populations
Caudata
Salamanders, Newts
Except those derived
from self-sustaining
captive populations
Gymnophiona
Caecilian
Other
Any and all poisonous or
venomous animals including
insects, spiders, reptiles,
amphibians, centipedes, fish
All Characidae fish (Piranhas),
and Gymnotidae (Electric eel)
P a g e 13 | 20
Schedule "B"
Municipality of North Middlesex
By-law # 090 of 2022
Potentially Dangerous Dog Designation Order
Under Municipality of North Middlesex By-law # xxx of 2022
Order Issued to:
Name:
Address:
Phone Number:
Dog Information:
Name:
Tag #:
Breed:
Colour:
On
(date) you dog:
Attacked, bit or caused injury to a person
Demonstrated a propensity, tendency or disposition to attack, bite or cause injury to a person, or a
domestic animal
Was kept or permitted to be kept in violation of the requirements for a potentially dangerous dog
TAKE NOTICE that, on or hereafter
(date) you shall ensure that all conditions checked are met:
You do not transfer ownership of the dog without first having obtained written consent of the Pound
keeper. In granting or refusing consent, the Pound keeper shall consider the likelihood that all the
applicable provisions of the By-law and the Dog Owners' Liability Act, including any orders under the Act,
will be met;
Your dog is implanted with a microchip;
Your dog is sterilized before reaching the age of six months or within 30 days of being designated;
Your dog has current rabies vaccination and provide proof to animal control officer
When your dog is not on your premises, your dog is equipped with a muzzle and secured with a leash
not exceeding one metre in length in accordance with the following:
-
A muzzle shall be securely placed on the dog at all times so that the dog cannot detach bite any
person or domestic animal
-
A collar or harness shall be securely placed on the dog at all times so that the dog cannot detach
the collar or harness
-
A leash shall be securely attached to a collar or harness at all times so that the dog cannot detach
the leash from the collar or harness.
-
The dog shall be under the control of some person by means of the leash at all times.
When the dog is on your premises the dog is:
-
When indoors, your dog is securely contained
-
When outdoors, your dog is contained in an enclosure or fenced area or restrained by a chain or
other restraint sufficient to prevent the dog from leaving the premises
You post in a conspicuous place at the entrance of the owner's premises a clearly visible sign warning
of the presence of a dangerous dog.
You obtain a dangerous dog license ($200.00) and provide proof of $1 million liability insurance.
P a g e 14 | 20
As per Animal Control By-law # XXX of 2022 an owner of a dog which has been designated as potentially
dangerous or dangerous who wishes to appeal the order or decision may request a hearing by the Council of
the Municipality of North Middlesex. Appeals must be received in writing by the Clerk, no later than fifteen
(15) days following the service of this Designation.
The owner of a dog who has requested a hearing from Council, shall not be required to have their dog
implanted with a microchip or sterilized until 30 days following the decision confirming those requirements.
THIS ORDER IS EFFECTIVE IMMEDIATELY. Dated this
day of
, 20
Animal Control Officer
Served on Owner
(name) on
(date) at
(time)
P a g e 15 | 20
Schedule "C"
Municipality of North Middlesex
By-law # 090 of 2022
Application for a Kennel Permit
Name of Kennel:
Owner (full name):
Mailing Address:
Telephone (home):
Telephone (business):
(If more than one registered owner with a different address or telephone, attach a separate
sheet)
Legal Description of Property:
Professional Affiliations of Applicant:
Canadian Kennel Club
Ontario Dog Kennel Organization
Other (please specify):
Breed of Dogs:
Calendar Year for which permit is Requested:
New Application
Renewal of Application
NOTE: Applicant must attach hereto a diagram showing:
-
The true shape and dimensions of the property (drawn to scale);
-
The location, height, and dimensions of the kennel structure (drawn to scale);
-
The location and dimensions of all runs used in connection with the kennel (drawn to
scale); and
-
The location and dimensions of all other buildings and structures on the property, and their
distances from kennel structures.
Applicant is responsible to schedule and complete inspections with the following prior to
submission of Application:
1. Animal Control Officer:
Inspection completed date (new permit):
New/Renewal Comments:
Permit Recommended? Yes
No
Animal Control Officer
Date
2. Planner:
Property Zoning:
Compliant: Yes
No
Planner
Date
P a g e 16 | 20
3. Building Department:
Building Permit Required (based on submitted drawing): Yes
No
Comments:
Chief Building Official
Date
For Municipal Use Only:
Permit issued (date):
Issued by:
Statement of Fact
I/We,
, hereby make an application for the following
permit. As part of this Application, I/We make the following Statement of Fact:
1. The information set forth in this Application is true and accurate.
2. I/We agree to comply with all by-laws and regulations of the Municipality of North
Middlesex, it being expressly understood that receipt of a permit does not relieve the
owner from complying with all said by-laws or regulations. I/We further agree that, if the
permit is revoked for any cause of non-conformance of the said by-laws or regulations
that, in consideration of the issue of the permit, all claims are waived arising therefrom
against the Municipality of North Middlesex.
3. I/We understand that making a false Statement of Fact may result in the Application for a
permit being refused.
This Statement of Fact was made before me on
, 20
.
Witness:
Name
Address
Telephone
Applicant:
Applicant:
P a g e 17 | 20
Schedule "D"
Municipality of North Middlesex
By-law # 090 of 2022
Kennel Inspection Checklist
Kennel Name:
Owner Name:
Address of Kennel:
No. of Dogs on Premises (at time of inspection):
Maximum Capacity:
Legend: A=Acceptable
NI=Needs Improvement
U=Unacceptable
Housing & Accommodation
Site
A
NI
U
Is the site sufficiently isolated to prevent complaints from neighbours? (at
least 150m from neighbouring dwellings, 300m from town limits)
Does the kennel site provide adequate space for exercising the breed(s)
housed?
Does the kennel site allow for satisfactory waste disposal?
Is a fence in place to prevent escapes from the property?
Construction
A
NI
U
Are the walls solidly constructed of impervious material and to a height
adequate for sanitary maintenance?
Are the walls constructed and maintained in a good state of repair; free of
cracks, holes, and other damage, to prevent entrance of vermin or insects,
or escape of the animals housed therein?
Are the doors, windows and frames constructed and maintained, to
prevent entrance or harbouring of vermin or insects, or the escape of the
animals housed in the facility?
Is at least one door sufficient size to allow equipment to be removed for
sanitation, if removal is necessary?
Is the building adequately insulated to maintain a temperature at
acceptable levels?
Are the effects of direct sunlight prevented?
Are the roofs and ceilings maintained in a good state of repair?
Are the floors constructed of hard durable material that is impervious to
water and easily sanitized?
Do the floors slope and drain in such a manner that the runs, kennels, and
alleys remain relatively dry?
Are the floors and walls built in such a manner that feces and urine are
prevented from entering other pens or cages?
Is the air fresh?
Is there adequate lighting in all kennel areas?
P a g e 18 | 20
Cages, Pens, and Enclosures
Indoor Housing
A
NI
U
Do the cages permit each animal to:
-
Stand normally, to its full height;
-
Lie down, in a fully extended position;
-
Turn around easily; and
-
Permit human interaction
Are the cages solidly constructed, to prevent escape and injuries?
Do all cages have solid floors?
Are the cages constructed of materials and designed to be easily cleaned
and sanitized?
Are the pens or runs solidly constructed, to prevent escapes or injury?
Food & Water
A
NI
U
Are rations suitable for the various types of animals on the premises?
Is food stored in vermin proof containers, and properly marked?
Is a source of clean, potable water available at all times, for all cages and
runs?
Do feed and water containers appear to be cleaned on a regular basis?
Staff & Attendants
A
NI
U
Is there sufficient staff to provide proper care for the number of animals on
the premises?
Cleanliness
A
NI
U
Are all areas free from objectionable odours?
Are all areas reasonably clean of urine, feces, and garbage?
Are appropriate chemicals used for regular sanitation?
Purebred Stock
A
NI
U
Are complete pedigree records kept available on all breeding stock?
Does the premises meet all municipal permitting requirements?
Comments (overall assessment):
I certify that I have inspected these premises in accordance with the protocol established for the
licensing of kennel operations in Ontario.
Inspected by:
Signature:
Date of Inspection:
Phone:
P a g e 19 | 20
Schedule "E"
Municipality of North Middlesex
By-law # 090 of 2022
Set Fine Schedule
Part 1 Provincial Offences Act
Being a By-law to Provide Regulation, Restriction and Prohibition of Dogs and Animals in the
Municipality of North Middlesex
Item
Short Form Wording
Provision Creating or
Defining Offence
Set Fine
1
Having more than two dogs
per residence
Section 3.1
$250.00
2
Failure to remove dog
excrement from
municipal/private property
Section 3.5
$250.00
3
Permitting a dog and or
animal to run at large
Section 3.7
$250.00
4
Failure to ensure a
dangerous dog is muzzled in
a humane manner at all
times
Section 3.8 1) a)
$500.00
5
Failure to ensure a
dangerous dog is on a leash
not longer than one (1)
meter
Section 3.8 1) b)
$250.00
6
Failure to ensure a
dangerous dog is under the
control of a person over the
age or eighteen
Section 3.8 1) c)
$250.00
7
Failure to ensure a
dangerous dog when on its
owner's property is confined
indoors or in a locked pen
Section 3.8 2) a)
$500.00
8
Failure to prevent or allow a
dog to bite or attack a
person
Section 3.9 1) a)
$650.00
9
Failure to prevent or allow a
dog to bite or attack an
animal
Section 3.9 1) b)
$500.00
10
Failure to renew dog license
Section 4.4
$150.00
11
Failure to register a dog for
a license
Section 4.4
$150.00
12
Keep Kennel in an urban
area of North Middlesex
Section 5.1
$750.00
13
Failure to comply with
Kennel licence requirements
Section 5.5
$750.00
14
Keep Prohibited Animal
Section 6.1
$800.00
15
Fail to keep dog from
barking or howling
excessively
Section 9
$250.00
The general penalty provision for the offences indicated above as s. 10.1 of By-law
# 090 of 2022; a certified copy of which has been filed.
P a g e 20 | 20
Schedule "F"
Municipality of North Middlesex
By-law # 090 of 2022
LICENCE FEES
Permanent Tag Fee
$10 per dog
Replacement of Tag
$10 per dog
Dangerous Dog Licence
$200 per dog
Transferring a current licence from another municipality
$5
Livestock Guardian Dog / Herding Dog
No Charge
Certified Guide / Service Dogs
No Charge
Kennel Licence
$200
Kennel Tags - Optional - at kennel owners discretion
$5 per dog
Boarding Rate
As per current
pound contract
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
OO
CABINET DU JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L'ONTARIO
RÉGION DE L'OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TÉLÉPHONE (519) 660-2292
FAX/TÉLÉCOPIEUR (519) 660-3138
January 27, 2023
Richard Beachey
Municipality of North Middlesex
Dear Mr. Beachey
Re: Set Fines - Provincial Offences Act - Part 1
By-law Number 090 of 2022, of the Municipality of North Middlesex
Enclosed herewith is the original Order and an original schedule of set fines for
the above referenced By-Law, the By-law indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of
wording used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in London, together with a certified copy of the By-law.
Yours truly,
Jeanine E. LeRoy
Regional Senior Justice
West Region
Encl.
/kt
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and Municipal By-law No. 090 of 2022,
of the Municipality of North Middlesex, attached hereto are the set
fines for those offences. This Order is to take effect January 27, 2023.
Dated at London this 27th day of January, 2023.
Jeanine E. LeRoy
Regional Senior Justice
West Region
Schedule "E"
Municipality of North Middlesex
By-law # 090 of 2022
Set Fine Schedule
Part 1 Provincial Offences Act
Being a By-law to Provide Regulation, Restriction and Prohibition of Dogs and Animals in the
Municipality of North Middlesex
Item
Short Form Wording
Provision Creating or
Defining Offence
Set Fine
1
Having more than two dogs
per residence
Section 3.1
$250.00
2
Failure to remove dog
excrement from
municipal/private property
Section 3.5
$250.00
3
Permitting a dog and or
animal to run at large
Section 3.7
$250.00
4
Failure to ensure a
dangerous dog is muzzled in
a humane manner at all
times
Section 3.8(1)(a)
$500.00
5
Failure to ensure a
dangerous dog is on a leash
not longer than one (1)
meter
Section 3.8(1)(b)
$250.00
6
Failure to ensure a
dangerous dog is under the
control of a person over the
age or eighteen
Section 3.8(1)(c)
$250.00
7
Failure to ensure a
dangerous dog when on its
owner's property is confined
indoors or in a locked pen
Section 3.8(2)(a)
$500.00
8
Failure to prevent or allow a
dog to bite or attack a
person
Section 3.9(1)(a)
$650.00
9
Failure to prevent or allow a
dog to bite or attack an
animal
Section 3.9(1)(b)
$500.00
10
Failure to renew dog license
Section 4.4
$150.00
11
Failure to register a dog for
a license
Section 4.4
$150.00
12
Keep Kennel in an urban
area of North Middlesex
Section 5.1
$750.00
13
Failure to comply with
Kennel licence requirements
Section 5.5
$750.00
14
Keep Prohibited Animal
Section 6.1
$1,000.00
15
Fail to keep dog from
barking or howling
excessively
Section 9
$250.00
The general penalty provision for the offences indicated above as s. 10.1 of By-law
# 090 of 2022; a certified copy of which has been filed.
$800.00