Village of Oil Springs By-law #1010 of 2024 – Responsible Animal Ownership By-law
Oil Springs, Ontario
· No. 1010
· adopted 2024-12-03
· summary & facts
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BY-LAW #1010 of 2024
A By-law for Responsible Animal Ownership
in the Village of Oil Springs.
Table of Contents
Section Title
1 Definitions
2 Interpretation
3 Scope
4 Licensing of Dogs
5 Number of Animais
6 Kennels
7 Animals at Large, Animal Keeping Standards etc.
8 Removal of Excrement by Dog
9 Tethers
10 Responsibilities of Animal Owners and the Public
11 Extreme Weather
12 Abandonment or Disposal of Animals and/or Litters of Animals
13 Animals in Vehicles
14 Designating Dogs as Potentially Dangerous or Dangerous
15 Prohibited Animals
16 Impounding Animals
17 Administration and Enforcement
18 General Provisions
19 Repeals, Amendments, Transition and Enactment
WHEREAS sections 8, 9 and 10 of the Municipal Act, 2001, as amended, authorize a
municipality to pass by-iaws necessary or desirable for municipal purposes, and in
particular paragraphs 5, 8 and 9 of subsection 10(2) authorize by-laws respecting: the
economic, social and environmental well-being of the municipality; the protection of
persons and property; and animals;
AND WHEREAS section 103 of the Municipal Act, 2001, as amended, provides that where a
municipality has passed a by-law to regulate or prohibit with respect to the being at large or
trespassing of animals, the municipality may provide for the seizure, impounding and sale of
seized and impounded animals;
AND WHEREAS section 391 of the Municipal Act, 2001, as amended, provides that a
municipality may pass bylaws imposing fees or charges for services or activities provided or
done by or on behalf of the municipality;
AND WHEREAS section 425 of the Municipal Act, 2001, as amended, provides that a
municipality may pass by-laws providing that a person who contravenes a by-law of the
municipality passed under the Municipal Act, 2007 is guilty of an offence:
AND WHEREAS the Council of the Village of Oil Springs deems it appropriate to charge a
fee fo owners of animals for the provision of the service of animal control:
AND WHEREAS section 446 of the Municipal Act, 2001, as amended, provides that where a
municipality has the authority under the said Act to direct or require a person to do a matter
of thing, the municipality may also provide that, in default of it being done by the person
directed or required to do it, the matter or thing shall be done at the person's expense;
The Village of O1| Springs Responsible Antmal Ownership By-taw 1 | 27
AND WHEREAS the Council of the Village of Oil Springs deems it appropriate to provide
animal control for the health and safety of the public;
NOW THEREFORE the Council of the Village of Oil Springs enacts as follows:
1. Definitions
In this By-law:
"abandon" means the surrender, relinquishment or cession of live animals and/or litters of
animals with the intention of not reclaiming them;
"animal" means any member of the animal kingdom, other than a human;
"Animal Welfare Inspector" means an inspector appointed under the Provincial Animal
Welfare Services Act, 2019, S.O. 2019, c. 13 by The Chief Animal Welfare Inspector
for the Ministry of the Solicitor General:
"at large" means not on a leash and under the control of some person;
"bees" means the insects known as Apis mellifera;
"bite" in all of its forms means the breaking, puncturing or bruising of the skin of a person or
domestic animal caused by the tooth or teeth of another domestic animal;
"cat" means a male or female of the species felis catus;
"choke collar," "choke chain" or "prong collar" means a collar that tightens, constricts or
pinches an animal's neck when tension is applied and may inflict pain or discomfort
on an animal;
"Council" means the Council of the Village of Oil Springs;
"dispose" means the action or process of throwing away or getting rid of live animals and/or
a litter of animals on a property without the express approval or permission of the
property owner;
"distress" means the state of being in need of proper care, water, food or shelter, or being
injured, sick or in pain or suffering;
"dog" means a male or female of the species canis familiarus;
"extreme weather" means a cold warning, heat warning or other weather warning alert
issued by Environment Canada for weather in the Village of Oil Springs including
for not limited to extreme cold or hot weather, snow storms, freezing rain,
heavy rainfall, hurricanes, tornadoes, and/or strong winds;
"fish" means a gill-bearing aquatic craniate animal that lack limbs with digits;
"guide dog" means a guide dog as defined in the Blind Persons' Rights Act, R.S.O.
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1990, c. B.7;
"keep" in all its forms, includes care, control, or possession, whether temporary or
permanent;
"kennel" means a lot, building, structure, or establishment in which three or more dogs
are housed, boarded, or bred, and is licensed under this By-law;
"litters of animals" means the offspring of one birth of an animal;
"livestock" means cattle, goats, horses, sheep, swine, poultry, fur-bearing animals, bees,
cultured fish, deer, elk, game animals or birds grown, produced, or raised as part or all
of a farm on premises zoned under the Municipality's zoning by-law permitting such
use;
"microchip" means an approved Canadian Standard encoded identification device implanted
into an animal which is programmed to store a unique and permanent identification
number that permits access to owner information which is stored in a central
database;
"mitigating factor" means, in the opinion of the Officer acting in his or her absolute discretion,
a circumstance which excuses aggressive behaviour of a dog and, without limiting the
generality of the foregoing, may include circumstances where:
1.1. the dog was, at the time of the aggressive behaviour, acting in defence to an attack
by a person or domestic animal:
1.2. the dog was, at the time of the aggressive behaviour, acting in defence of its
young or reacting to a person or a domestic animal trespassing on the property
of its owner; or
1.3. the dog was, at the time of the aggressive behaviour, being teased, provoked, or
tormented;
"Municipality" means the Corporation of the Village of Oil Springs or the
geographic area of the Village of Oil Springs as the context
suggests;
"muzzle" in all of its forms means a humane fastening placed over a dog's mouth of
adequate strength to prevent it from biting;
"Officer" means a Provincial Offences Officer as defined in section 1(1) of the Provincial
Offences Act, R.S.O. 1990, c.P.33, a by-law enforcement officer of the Municipality,
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a Police Officer of the Ontario Provincial Police Services, or other person assigned
by the Pound keeper to enforce this By-law;
"owner' in all of its forms, when used in relation to an animal, includes a person who keeps
an animal and, where the person is under the age of 18, the person responsible for
the custody of the person under the age of 18:
"pet store" means establishments primarily engaged in the selling of animals, fish, or birds,
which are permitted under the Municipality's zoning by-law;
"pit bull" has the same meaning for the purposes of this By-law as it has for the purposes of
the Dog Owners' Liability Act, R.S.O. 1990, c. D.16;
"police animal" means an animal trained to aid police officers and used by police
officers when carrying out their duties;
"pound" means premises that are operated by the Municipality or its contractor(s), for the
detention, maintenance, or disposal of animals;
"Pound keeper" means the Municipality's Manager of Licensing Services and his or her
designate or successor;
"premises" means all the abutting lands owned by a person, or over which a person
exercises control, including a building, buildings or a part of a building located on the
lands, and includes a vacant lot or lots;
"property owner" means the registered owner of the real property and shail include
family members or a tenant of the property owner who may be residing at such
property,
"protective care" means the temporary, time-limited keeping of an animal by the
Municipality as a result of an eviction, incarceration or fire or medical emergency;
"redemption period" means that period of time within which the owner of an animal that has
been impounded in the pound has the right to redeem itt;
"rescue group" means a not-for-profit or charitable organization, registered with the
Municipality Licensing Services, whose mandate and practices are predominately
the rescue and placement of animals and facilitating the spaying or neutering of
animals for animal welfare purposes:
"restricted pit bull" has the same meaning for the purposes of this By-law as it has for the
purposes of the Dog Owners' Liability Act, R.S.O. 1990, c. D.16;
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"service animal" means an animal as described in the Accessibility for Ontarians with
Disabilities Act and/or its regulations;
"St. John's Ambulance therapy dog" means a dog that has current certification in the
therapy dog program with St. John's Ambulance;
"sterilized" means spayed or neutered;
"tethered" means the fastening of a rope, chain, cord or similar restraining device to an
animal's collar or halter so that the animal can only range in an area limited to the
length of such rope, chain, cord, or similar restraining device;
"under the control of some person' includes capable of immediate custody or restraint;
"vehicle" includes an automobile or any other device for the transportation of persons or
goods propelled or driven otherwise than by muscular power, but does not include the
cars of electric or steam railways or other motor vehicles running only upon rails, or a
motorized snow vehicle, traction engine, farm tractor, self-propelled implement of
husbandry or read building machine within the meaning of the Highway Traffic Act
R.S.O. 1990 c. H8, as amended, and the regulations thereunder.
2. Interpretation
2.1. The requirements of this By-law are in addition to requirements contained in any
other applicable by-laws of the Municipality or applicable provincial or federal
statutes or reguiations.
2.2. If there is a conflict between a provision of this By-law and any other by-law of the
Municipality or a provincial or federal statute or regulation, the most restrictive in
relation to the regulation of animals shall prevail.
3. Scope
3.1. The provisions of this By-law apply to the entire geographic area of the
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Municipality.
3.2. Despite section 3.1 the provisions of this By-law do not apply to:
a) the premises of a pound;
b) premises used by Animal Welfare Inspectors to keep an animal that was
removed under the Provincial Animal Welfare Services Act, 2019, S.O. 2919,
c. 13;
c) asupply facility licensed in accordance with the Animals for Research Act, R.S.O.
1990, cA. 22;
d) aresearch facility registered in accordance with the Animals for Research Act,
R.S.O. 1990, cA. 22;
e) an animal hospital or clinic operated and supervised by a veterinarian who has
a licence to practise veterinary medicine issued under the Veterinarians Act,
R.S.O. 1990, c. V. 3;
f) | auniversity or college in respect of an animal kept by a university or college
pursuant the Animals for Research Act, R.S.O. 1990, cA. 22;
g) livestock, except where livestock is at large as set out in sections 7.1, 7.3, 15
and 16;
h) ahorse boarded or trained as part or all of an agricultural use on premises
zoned under the Municipality's zoning by-law permitting such use, except
where a horse is at large as set out in sections 7.1 and 7.3;
) bees;
)) fish;
k) any display held by an agricultural or horticultural organization;
1} | atemporary public display of animals including a circus, carnival, or
classroom display;
m) Greenview Aviaries Park & Zoo located at 12752 Talbot Trail, Morpeth.
4, Licencing of Dogs
4.1. No person shall own a dog in the Municipality without a current and valid
Municipality licence for the dog.
4.2. The owner of a dog applying for a licence shall submit a properly completed application
together with the applicable licence fee as set out in the Municipality's User Fee By-law, as
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amended. The application shall include the following:
a) the name, address, and telephone number of the dog owner;
b) the name, colour and sex of the dog;
c) the breed of the dog;
d) the address of the premises where the dog is to be kept in the
Municipality;
e) the date of the dog's most recent rabies vaccination;
f) if applicable, the details of the dog's microchip identification; and
g) if the dog is a pit bull, proof satisfactory to the Pound keeper that it
is a restricted pit bull; and
h) such additional information as may be reasonably required by the
Pound keeper for the purpose of administering the licence.
4.3. Every owner of a dog shall notify the Pound keeper immediately of any change in:
a) the name, address, or telephone number of the dog owner;
b) the address of the premises where the dog is to be kept in the
Municipality;
c) the ownership of the dog prior to the change of ownership.
4.4. Every licence and corresponding licence tag issued under this By-law shall expire
on December 31° of each year.
4.5. No licence issued under this By-law shall be valid unless the applicable licence fee
has been paid in full.
4.6. Every person who owns a licenced dog shal! ensure that the licence is renewed
on or before March 31* of each year.
4.7. Inthe event the owner of a licenced dog fails to renew the licence before March
31° as required by section 4.6, the owner shail pay, in addition to the applicable
licence fee, the applicable late payment fee, as set out in the Municipality's
User Fee By-law, as amended.
4.8. Despite any other provision under this By-law, and upon providing reasonable
proof, satisfactory to the Pound keeper in his or her sole discretion, no owner
shall be required to pay a fee for a Municipality licence issued in respect of a dog
that is a police animal, a guide dog, a service animal, or a St. John's
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Ambulance therapy dog.
4.9. Despite section 4.1 no licence shall be required under this By-law for.
a) adog which is under the age of 16 weeks;
b) adog which is temporarily kept at a kennel, if the dog, when not being
kept at the kennel, is kept at premises located outside of the
Municipality; or
c) adog which is under the care and control of a rescue group for less
than three months, if the dog wears a rescue group identification tag,
and proof of in-care records with the rescue group are provided to an
Officer on demand evidencing same, such records to be satisfactory to
the Officer in his or her sole discretion.
4.10. Where a licence is issued under this By-law, the owner of the dog shall be given a
licence number and an identification tag.
4.11. Every owner shall ensure that the identification tag corresponding to the licence
issued for the dog is attached to the respective dog at all times.
4.12. Despite section 4.11, the identification tag is not required to be attached to a dog
that is being lawfully used for hunting.
4.13. No person shall attach an identification tag to a dog for which the corresponding
licence was not issued.
4.14. Every owner of a dog shall ensure that a lost identification tag is replaced
immediately.
4.15. The owner of a dog applying for a replacement identification tag shail submit to
the Pound keeper a properly completed application together with the
applicable fee as set out in the Municipality's User Fee By-law, as amended.
The application shall include proof satisfactory to the Pound keeper in his or
her sole discretion that a current, valid licence has been issued for the dog.
4.16. The Pound keeper may revoke any licence issued in error.
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5. Number of Animals
5.1. No person shall keep or permit to be kept, on any one premise owned or
occupied by them, more than three dogs.
5.2. No person shall keep or permit to be kept, on any one premise owned or
occupied by them, more than three cats.
5.3. Despite section 5.1, a person may keep a dog following the birth of the dog
until the dog is the age of 16 weeks.
5.4. Despite section 5.2, a person may keep more than three cats on premises
zoned agricultural under the Municipality's zoning by-law permitting such use.
5.5. Despite section 5.1 and 5.2, a licensed kennel may keep more than three
dogs and more than three cats.
5.6. The number of animals permitted on premises may be subject to a nutrient
management plan and/or minimum distance requirement.
6. Kennels
6.1. No person shall keep a dog kennel without a licence.
6.2. Every owner of a kennel shall pay to the Municipality a kennel licence fee as set
out in the Municipality's User Fee By-law, as amended, for each year or any
portion thereof.
6.3. Every kennel shall, at all times, be kept in a clean and sanitary condition, free of
refuse of any kind so as to prevent odors arising therefrom, and free of flies and
vermin.
6.4. Where a kennel has acquired legal non-conforming status, as determined by the
Municipality's Chief Building Official, such use for the boarding of dogs may
continue without limitation as to the number of dogs boarded and not subject to
the provisions of section 6.5 until such use is discontinued by the present owner.
6.5. Save as provided in Section 6.4 of this By-law, no kennel may be established
except where it is permitted under the Municipality's zoning by-law, as
amended.
6.6. All kennels may be subject to inspection by an Officer for the Municipality. If, in
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the Officer's opinion, a kennel deviates from the minimum standards established
by the Pound keeper and published on the municipal website, the Pound keeper
of the Municipality shall be at liberty to refuse or revoke the licence or impose
conditions herein granted until such time as the Pound keeper is notified by the
Officer that the kennel complies with these standards.
6.7. Every owner of a kennel shall keep his or her own tags on each dog bearing the
kennel licence number unless the dog already has an existing valid municipal
dog licence tag or has permanent identification by tattoo or microchip.
7. Animals at Large, Animal Keeping Standards etc.
7.1. For the purposes of section 7.3, "animal" includes livestock;
7.2. For the purposes of section 7.3, "premises" does not include any part of:
a) non-residential or residential premises that serve as common areas for
occupiers or owners; or
b) non-residential premises that are open to the public.
7.3. No owner of a dog or other animal, shall permit the animal to be
at large, except when the animal is:
a) onpremises owned or occupied by the owner; or
b) on premises owned or occupied by a person who has given prior consent.
7.4. Despite section 7.3 a dog, except a restricted pit bull or a dog designated as
potentially dangerous or dangerous, may be unleashed if:
a) the dog is under the control of the owner or a competent person on the
owner's behalf and both the dog and the person are within a municipally owned
Dog Off Leash Recreation Area as signed accordingly; and
b) the owner or the competent person on the owner's behalf complies with the
Municipality's Dog Off Leash Recreation Area Rules and Regulations, as
amended or replaced from time to time.
7.5. Despite section 7.3 a dog, except a restricted pit bull or a dog designated as
potentially dangerous or dangerous, is deemed not to be at large if it is lawfully
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being used for hunting;
7.6. No owner of a dog shall permit the dog to be outdoors on premises as described
under subsections 7.3 a) and 7.3 b) except where the dog is:
a) contained in an enclosure or fenced area sufficient to contain the dog
within the said enclosure or fenced area, including an area enclosed by
electronic fencing known as invisible fencing;
b) restrained by a tether; or
c) under the control of some person, sufficient to prevent the dog from leaving
the premises.
7.7. Despite section 7.6, a dog may be outdoors on premises zoned agricultural under
the Municipality's zoning by-law or on premises 0.5 hectare (1.2 acre) or more in
area, if the dog is sufficiently trained so as to remain on the premises.
7.8. No owner of a dog shall permit the dog to:
a) behave in a manner that poses a menace to the safety of a person or domestic
animal: or
b) to bite or attack a person or domestic animal.
7.9. No owner of a dog shall keep the dog from dusk to dawn on premises that are
not used primarily for residential purposes unless clearly visible signs are posted
sufficient to give notice of the dog to persons entering the premises.
7.10. Every owner of an animal shall ensure that the place where the animal is kept is
such that:
a) the animal may extend its legs, wings, or body to their full natural extent;
b) the animal may stand, sit, or perch, or the place is otherwise adequate for the
needs of the animal:
c) the animal may be readily observed, unless the natural habits of the animal
require otherwise; and
d) the place is in a clean and sanitary condition.
7.11. In addition to complying with section 7.10, every owner of an animal shall
ensure that any outdoor structure where the animal is kept is:
a) located in the rear of the premises;
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b) located not less than 1 metre from the boundary line between the
premises and any abutting premises;
c) soundly constructed of hard, durable materials;
d) impervious to water;
e) constructed of materials that may be readily sanitized;
f) | maintained in a good and hygienic state of repair, free from cracks, holes,
rust, and other damage;
g) kept in a way that minimizes as nearly as practicable the transfer of pathogenic
agents;
h) sufficiently insulated;
i) supplied with food and water, reasonably available for the animal; and
j) | adequately ventilated for the health and comfort of the animal.
8. Removal of Dog or other Animal Excrement
8.1. Every owner of a dog or other animal shall remove forthwith and sanitarily
dispose of excrement left by the dog or other animal anywhere in the
Municipality.
9. Tethers
9.1. No person shall keep an animal on a tether unless:
a) The tether is of appropriate length for the species tethered;
b) The animal has unrestricted movement within the range of such tether;
c) The animal is not tethered for longer than nine hours in a 24-hour period;
d) The animal has access to water, food and shelter while tethered;
e) The animal cannot injure itself as a result of the tether;
9.2. Notwithstanding section 9.1, in the case of dogs, the tether is a minimum of three
metres in length, provided the tether does not permit the dog to go beyond the
limits of the dog owner's property; and
9.3. Notwithstanding section 9.1, no person shall keep an animal tethered where a
choke collar, a choke chain or a prong collar forms part of the tether, or a rope,
chain, cord, or similar restraining device is tied directly around an animal's neck.
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40.Responsibilities of Anima! Owners and the Public
10.1. No person shall:
a) tease, torment, annoy, or abuse any animal; or
b) --_untie, loosen, or otherwise free any animal which is not in distress
unless such person has the prior authorization of the owner.
11.Extreme Weather
11.1. No person shall allow an animal to remain outdoors during extreme weather,
except for brief walks or brief periods of exercise, unless the animal has access to
an animal enclosure that will adequately protect the animal from the elements.
12.Abandonment or Disposal of Animals and/or Litters of Animals
12.1. No person shall abandon or dispose of a live animal and/or litter of live animals
on any private or other property, including public property, within the Municipality,
without the written permission of the property owner.
12.2. Reporting the Abandonment or Disposal of Animals and/or Litters of Animais
a) Any prohibited abandonment or disposal of live animals and/or
litters of animals must be reported to the Pound keeper during
regular business hours. Information to be reported to the Pound
keeper includes, at a minimum, the following:
i. Date and time of the abandonment or disposal;
i. | The licence plate number of the vehicle responsible for abandoning or
disposing of the live animal(s) and/or litters of animals; and
ii. © A description of the vehicle responsible for abandoning or disposing
of the live animal(s) and/or litter of animals, which may include
information on the make, model or colour of the vehicle.
13. Animals in Vehicles
43.1. The owner of an animal shall not leave an animal unattended in a motor vehicle if
the weather conditions are not reasonably suitable for containment of an animal.
13.2. An Officer who has reasonable grounds to believe that an animal left unattended
in a motor vehicle is in imminent physical danger may take steps to remove the
animal from the vehicle. In the event the animal requires veterinary care as
determined by the Officer in its sole discretion, the Officer may deliver the
animal to a veterinarian for such care. The owner of the animal shall be
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responsible for all costs of associated veterinary care.
14.Designating Dogs as Potentially Dangerous or Dangerous
14.1. Where an 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 Officer may issue a designation in writing to the owner designating
the dog as potentially dangerous.
14.2. Where an Officer is satisfied that, in the absence of any mitigating factor, a dog:
a) Has attacked, bitten, or caused injury to a person or has
demonstrated a propensity, tendency, or disposition to do so;
b) Has significantly injured or killed a domestic animal; or
c) having been previously designated as potentially dangerous, is kept,
or permitted to be kept in violation of the requirements for a potentially
dangerous dog,
the Officer may issue a designation in writing to the owner designating the dog
as dangerous.
14.3. 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 his or her sole discretion. 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.
14.4. In addition to complying with all of the applicable provisions of this By-law, every
owner of a dog designated as dangerous under this By-law shall, in respect of the
said dangerous dog, comply with all of the following requirements:
a) the dangerous dog licence fee be paid, as set out in the Municipality's
User Fee By-law, as amended;
b) the dog is implanted with a microchip;
c) the dog is sterilized before reaching the age of six months or, in the
case of a dog over the age of six months, within 30 days of being
designated dangerous;
d) aclearly visible sign warning of the presence of a dangerous dog a
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be posted in a conspicuous place at the entrance to the owner's
premises where the dog is kept:
e) when not on premises owned or occupied by the owner, the dog is
equipped with a muzzle and secured with a leash not exceeding one
metre in length, in accordance with the following:
i. amuzzle shall be securely placed over the mouth of the dog at all times so
that the dog cannot bite any person or domestic animal;
i. acollar or harness shall be securely placed on the dog at all times so that
the dog cannot detach the collar or harness;
ii. 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; and
iv. the dog shall be under the control of some person by means of the leash
at all times;
f) | when on premises owned or occupied by the owner, the dog is:
i. securely contained indoors; or
ii when outdoors, contained in a six sided pen which includes a top and
bottom and which is located at least 2 metres from the premises property
line, or in a yard enclosed by a fence that is at least 2 metres in height, and
in either case which is securely locked and constructed so as to prevent the
dog from leaving the pen or the enclosed fenced area, as the case may be;
g) the owner shall obtain and maintain, for the duration of each twelve-
month period during which licencing is sought, a policy of fiability
insurance in the amount of at least one million dollars per occurrence
for personal injury caused by the owner's dangerous dog. The owner
shall annually provide the Pound keeper with a certificate of
insurance evidencing proof of such liability insurance coverage as
required under this section. The policy of insurance shail provide for
the Municipality being notified by the insurance company of any
cancellation, termination, or expiration of the policy; and
h) the owner shall have the dangerous dog photographed on an annual
basis, or as otherwise reasonably required by the Pound keeper,
and shail deliver to the Poundkeeper a copy of the photograph(s) to
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be retained by the Poundkeeper for identification purposes.
14.5. The Poundkeeper or Officer may impose on an owner any one or more of the
following conditions in relation to a potentially dangerous dog:
a) the dog is implanted with a microchip;
b) the dog is sterilized before reaching the age of six months or, in the case of a
dog older than six months of age, within 30 days of being designated
potentially dangerous;
c) aclearly visible sign warning of the presence of a potentially dangerous dog
shall be posted in a conspicuous place at the entrance to the owner's
premises where the dog is kept;
d) when not on premises owned or occupied by the owner, the dog is equipped
with a muzzle and secured with a leash not exceeding one metre in length, in
accordance with the following:
i. amuzzle shall be securely placed over the mouth of the dog at all times
so that the dog cannot bite any person or domestic animal;
i. acollar or harness shall be securely placed on the dog at all times so that
the dog cannot detach the collar or harness;
ii. aleash 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; and
iv. the dog shall be under the control of some person by means of the
leash at all times;
e) when the dog is on premises owned or occupied by the owner, the
dog is:
i. securely contained indoors; or
ii. when outdoors, contained in an enclosure or fenced area or restrained by
a chain or other restraint, which in any case shall be sufficient to prevent
the dog from leaving the premises; and
f) the owner shall obtain and maintain, for the duration of each twelve-
month period during which licencing is sought, a policy of liability
insurance in the amount of at least one million dollars per occurrence
for personal injury caused by the owner's potentially dangerous dog.
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The owner shall annually provide the Poundkeeper with a certificate of
insurance evident proof of such liability insurance coverage as required
under this section. The policy of insurance shall provide forthe
Municipality to be notified by the insurance company of any
cancellation, termination, or expiration of the policy.
14.6. Upon request of an Officer, every owner of a dog designated as a potentially
dangerous dog or dangerous dog, shall provide any one or more of following to the
Officer:
a) proof that the dog has been implanted with a microchip or sterilized
or both, such proof to be satisfactory to the Officer in its sole discretion;
b) proof of current rabies vaccination for the dog, such proof to be
satisfactory to the Officer in its sole discretion; and
c) proof of insurance, in accordance with 14.4 g)} or 14.5 f), such proof to
be satisfactory to the Officer in its sole discretion.
14.7. Every owner of a dog designated as a potentially dangerous dog or dangerous
dog shall comply with such designation and conditions and requirements
associated with same.
14.8. Every owner of a dog designated as a potentially dangerous dog or dangerous
dog shall not permit the dog to run at large.
15.Prohibited Animals
15.1. No person shall keep animals belonging to the following orders or genus:
Anseriformes (e.g., ducks, geese, swans, and screamers), except located on
premises zoned agricultural under the Municipality's zoning by-law permitting
such use;
Artiodactyla (e.g., cattle, goats, sheep, pigs, deer, elk, alpacas, llamas, and North
American Bison), except located on premises zoned agricultural under the
Municipality's zoning by-law permitting such 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 and except minks located on premises zoned agricultural
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under the Municipality's zoning by-law permitting such use;
Chiroptera (e.g., bats, myotis and flying foxes);
Crocodylia (e.g., alligators, crocodiles, gavials, and caimans);
Lagomorpha (e.g., hares and pikas), except domestic rabbits, and except hares
located on premises zoned agricultural under the Municipality's zoning by-law
permitting such use;
Marsupialia (e.g., koalas, kangaroos, opossums, and wallabies) except sugar gliders;
Macrochelys (e.g., alligator snapping turtle);
Perissodactyla (e.g., horses, donkeys, jackasses, mules, zebras, ponies,
rhinoceros), except horses, donkeys, jackasses, mules, and ponies located on
premises zoned agricultural under the Municipality's zoning by-law permitting
such use;
Pholidota (e.g., pangolia);
Primates (e.g., chimpanzees, gorillas, monkeys, and lemurs);
Proboscidea (e.g., elephants);
Raptors (e.g., eagles, hawks, falcons, and owls), except as permitted under a provincial
falconry licence;
Rodentia (e.g., porcupines, prairie dogs, nutria, and chinchillas) except rodents which
do not exceed 1,500 grams (3 Ib.) and are derived from self-sustaining captive
populations;
Squamata (e.g., lizards and snakes) except:
a) snakes where neither the female nor the male of species exceeds or
will exceed three (3) metres in length from nose to tip of tail before or at
maturity; and
b) lizards (not including Iguana iguana) where neither the female nor the
male of the species exceeds or will exceed two (2) metres in length
from nose to tip of tail before or at maturity;
Struthioniformes (e.g., ostriches, rheas, cassowaries, emus, and kiwis), except
ostriches, emus, or kiwis located on premises zoned agricultural under the
Municipality's zoning by-law permitting such use;
Tubulidentata (e.g., aardvark); or
Xenarthra (e.g., anteaters, tree sloths, and armadillos).
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15.2. No person shall keep or permit to be kept an animal that produces any poison,
venom, or toxin while in captivity that may cause harm to human heaith.
15.3. Despite sections 15.1 and 15.2 a provincially authorized wildlife custodian may
keep an animal prohibited under this By-law in accordance with the authorization.
15.4. 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.
15.5. No person shall keep or permit to be kept any lagomorph, marsupial or rodent
permitted under this By-law except in a suitable enclosure.
15.6, No person shall have a squamata (e.g., lizards and snakes) in a public place or
on public property.
16.Impounding Animals
16.1. The Poundkeeper or an Officer may seize any animal found at large and deliver it
to the pound.
16.2. An animal seized under section 16.1 shall be considered impounded at the time
and place it is seized by the Poundkeeper or an Officer.
16.3. The Poundkeeper may impound, at the pound, any dog or cat delivered to the
pound by the Poundkeeper, an Officer, the public or its owner.
16.4. The Poundkeeper may impound, at any enclosed place in the Municipality, any
animal other thana dog or cat delivered to the pound by the Poundkeeper, an
Officer, the public or its owner.
Dogs and Cats
16.5. The Poundkeeper shall keep any impounded dog or cat for a redemption period
of three days, excluding:
a) the day on which the dog or cat is impounded;
b) statutory holidays; and
c) days on which the pound is not open.
16.6. During the redemption period, the Poundkeeper:
a) may vaccinate the impounded dog or cat to provide immunization
against distemper or any other contagious or infectious disease;
b) may provide such veterinary care of an injured or ill impounded dog or
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cat as the Poundkeeper determines in its sole discretion may be
reasonably necessary to sustain the dog or cat's life.
16.7. Despite section 16.6, during the redemption period, the Poundkeeper may
euthanize a dog or cat without delay where, in the opinion of the Poundkeeper,
this is warranted for humane reasons.
16.8. The Poundkeeper shall be entitled to recover from the owner of the dog or cat
costs incurred by the Poundkeeper for vaccination or provision of veterinary care to
the dog or cat during the redemption period, in addition to any other applicable
fees for the redemption of the dog or cat. Such costs incurred by the Poundkeeper
shall be paid by the owner of the animal, and may be recovered by the
Municipality in like manner as taxes and such costs shall include an annual
interest rate of 15 per cent commencing on the day the costs are incurred and
ending on the day the costs, including interest, are paid in full.
16.9. During the redemption period, the owner of an impounded dog or cat may
redeem it if the owner:
a) pays the applicable fees for redemption of the dog or cat;
b) provides evidence satisfactory to the Poundkeeper that they own the
dog or cat;
c) provides evidence satisfactory to the Poundkeeper that the dog is
licensed under this By-law or, if not, licensed the dog in accordance
with this By-law; and
d) if an impounded dog is designated as potentially dangerous or
dangerous, satisfies the Poundkeeper that they are aware of and in
compliance with requirements for keeping the dog.
16.10. After the expiration of the redemption period, the Poundkeeper may:
a) release the impounded dog or cat to its owner in accordance with
section 16.9; or
b) keep, sell, or dispose of, including euthanize, the dog or cat, subject
to applicable provisions of the Animals for Research Act.
Animals other than Dogs and Cats
16.11. For the purposes of sections 16.12 to 16.16, "animal" means an animal other
than a dog, a cat or an animal that is prohibited under section 15.1 or 15.2.
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16.12. Where an animal is impounded, the Poundkeeper shall keep the impounded
animal for a redemption period of three days, excluding:
a) the day on which the animal is impounded;
b) statutory holidays; and
c) days on which the pound is not open.
16.13. Despite section 16.12 during the redemption period, the Poundkeeper may
euthanize an animal without delay where, in the opinion of the Poundkeeper, this
is warranted for humane reasons.
16.14. Buring the redemption period, the Poundkeeper may:
a) vaccinate the impounded animal to provide immunization against any
contagious or infectious disease;
b) provide veterinary care for an injured or ill impounded animal;
c) release the impounded animal to its owner if the owner:
i. provides evidence satisfactory to the Poundkeeper that they own the
animal; and
ii. pays the applicable fees.
16.15. The Poundkeeper shall be entitled to recover from the owner of the animal
costs incurred by the Poundkeeper for vaccination or veterinary care for the animal
during the redemption period, in addition to any other applicable fees for the
redemption of the animal. Such costs incurred by the Poundkeeper shall be paid
by the owner of the animal and may be recovered by the Municipality in like
manner as property taxes. Such costs shall include an annual interest rate of 15 per
cent commencing on the day the costs were incurred and ending on the day the
costs, including interest, are paid in full.
16.16. After the expiration of the redemption period, the Poundkeeper may keep,
sell, or dispose of, including euthanize, the impounded animal.
Prohibited Animals
16.17. Where an animal that is prohibited under sections 15.1 or 15.2 is impounded,
the Poundkeeper may, at any time, keep, sell, or dispose of, including
euthanize, the impounded animal.
16.18. The owner of an animal is liable to pay the applicable fees for impounding an
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animal regardless of whether or not they claim the animal from the pound.
16.19. Where an animal cannot be seized and where the safety of persons or animals
is endangered, the Poundkeeper or an Officer may euthanize the animal
immediately.
16.20. No compensation, damages, fees, or any other amount of money on account of
or by reason of the seizure, impounding, euthanizing, sale, or disposal of an
animal shall be recovered by the owner or paid by the Poundkeeper or the
Municipality.
17.Administration and Enforcement
17.1. The Poundkeeper is authorized to administer and enforce this By-law including but
not limited to:
a) arranging for:
i. the assistance or work of Municipality staff, Municipality agents or the
assistance of Officers;
i. the making of designations, orders or other requirements and the imposition
of conditions as authorized under this By-law;
iii. the obtaining of court orders or warrants as may be required; or
iv. the commencement of such actions on behalf of the Municipality to
recover costs or restrain contravention of this By-law as deemed
necessary.
b) prescribing the format and content of any forms or other documents
required under this By-law.
17.2. Officers so assigned or appointed by Council to enforce this By-law shall have the
authority to:
a) carry out inspections;
b) make designations, orders, or other requirements, and
impose conditions as authorized under this By-law; and
c) give immediate effect to any order or other requirement, including
where made under sections 17.7, 17.8 or 17.10.
17.3. The Poundkeeper may assign duties or delegate tasks under this By-law to be
carried out in the Pound keeper's absence or otherwise.
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17.4. Licence fees and other fees under this By-law shall be as set and approved by
Council from time to time in the Municipality's User Fee By-law, as amended, or
any successor by-law related to fees.
17.5. The Poundkeeper is authorized to:
a) receive animals pursuant to an eviction, incarceration, fire, or
medical emergency, or for any other situation that the Poundkeeper
deems appropriate;
b} temporarily keep such animals for a maximum of five (5) days;
c) provide veterinary care for such animals that may be injured or ill as
the Poundkeeper deems necessary, in its sole discretion;
d) euthanize such animals without delay where, in the opinion of the
Poundkeeper in its sole discretion, same is warranted for humane
reasons;
e) charge the owner a per diem sheltering fee and all costs for required
veterinary medical care, when the animals are redeemed;
f) at the end of the five (5) day protective care period, unless other
arrangements are agreed to between the owner and the Municipality,
treat such animals as day-one impounded animals;
17.6. The Poundkeeper or an 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,
2007 for the purpose of carrying out an inspection to determine whether or not the
following are being complied with:
a) this By-law;
b) adesignation, order or other requirement made under this By-law,
including a designation of a dog as potentially dangerous or
dangerous;
c) acondition of a licence issued under this By-law, or
d) anorder made under section 431 of the Municipal Act, 2007, as
amended.
17.7. The Poundkeeper or an Officer, for the purposes of the inspection under section
17.6 and in accordance with the conditions set out in the Municipal Act, 2001, as
amended, may:
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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 or otherwise as required by the
Poundkeeper or an Officer from any person concerning a matter
related to the inspection; or
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples, or
photographs necessary for the purposes of the inspection.
17.8. The Poundkeeper may require an owner to pay any costs incurred by the
Municipality in exercising its authority to inspect under sections 17.6 and 17.7,
including but not limited to the cost of any examination, test, sample or photograph
necessary for the purposes of the inspection. Such costs incurred by the
Poundkeeper shall be paid by the owner of the animal, and may be recovered by
the Municipality in like manner as taxes and such costs shall include an annual
interest rate of 15 per cent commencing on the day the costs are incurred and
ending on the day the costs, including interest, are paid in full.
17.9. The Poundkeeper or an 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, 2007 where he or she has been prevented or is likely to be prevented
from carrying out an inspection under sections 17.6 and 17.7, if, inthe
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, as amended.
17.10. If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order requiring the person who contravened the By-law,
and/or who caused or permitted the contravention, and/or the owner or occupier of
the premises on which the contravention occurred, to discontinue the contravening
activity.
17.11. An order under section 17.10 shall set out:
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a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the premises on which the
contravention occurred; and
b) the date or dates by which there must be compliance with the order.
17.12. If an Officer is satisfied that a contravention of this By-law has occurred, the
Officer may make an order requiring the person who contravened the By-law,
and/or who caused or permitted the contravention, and/or the owner or occupier of
the premises on which the contravention occurred, to do work to correct the
contravention.
17.13. An order under section 17.12 shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the premises on which the
contravention occurred;
b) the work to be completed; and
c) the date or dates by which the work must be complete.
17.14. An order to discontinue contravening activity made under section 17.10 or an
order to do work made under section 17.12 shall be served personally or by
registered mail to the last known address of:
a) the owner of the animal; and
b) such other persons affected by it, including the owner or occupier of
the premises where the contravention occurred, as the Officer making
the order determines.
Service by registered mail shall be deemed to have taken piace five business days
after the date of mailing.
17.15. In addition to service given in accordance with section 17.14, an order to
discontinue contravening activity made under section 17.10 or an order to do work
made under section 17.12 may be served by an Officer by placing a placard
containing the order in a conspicuous place on the premises of the owner
responsible for the contravention.
17.16. Where service cannot be given in accordance with section 17.14, sufficient
service is deemed to have taken place when given in accordance with section
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17.15.
17.17. Where a person does not comply with a designation, order, or other requirement
under this By-law to do any matter or thing, the Poundkeeper, with such assistance
by others as may be required, may carry out such designation, order or other
requirement at the person's expense.
17.18. | The Municipality may recover its costs incurred for doing any matter or thing
under section 17.17 by action and/or by adding the costs to the tax roll and
collecting them in the same manner as property taxes. Such costs shall include an
annual interest rate of 15 per cent commencing on the day the costs were incurred
and ending on the day the costs, including interest, are paid in full.
17.19. 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.
17.20.
a) Every person who fails to comply with any provision of this By-law or a
designation, order or other requirement made under this By-law, or an
officer or director of a corporation who knowingly concurs in such a
failure to comply by the corporation, is guilty of an offence and is liable
for a set fine as established under this Bylaw, or:
i. ona first conviction, to a maximum fine of not more than $10,000; and
ii. | on any subsequent conviction, to a maximum fine of not more than
$25,000. '
b) Despite subsection 17.20(1), where the person convicted is a
corporation:
i. the maximum fine in paragraph 17.20(1)a) is $50,000; and
i. the maximum fine in paragraph 17.20(1)b) is $100,000.
17.21. Where a person has been convicted of an offence, the court in which the
conviction has been entered and any court of competent jurisdiction thereafter may,
in addition to any other remedy and to any penalty imposed by this By-law, make an
order prohibiting the continuation or repetition of the offence by the person
convicted.
18.General Provisions
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18.1. This By-law may be referred to as the Village of Oil Springs Responsible Animal
Ownership By-law or the Responsible Animal Ownership By-law.
18.2. If a court of competent jurisdiction declares any provision or part of a provision of
this By-law invalid, the provision or part of a provision is deemed severable from
this By-law and it is the intention of Council that the remainder of the By-law shall
continue to be in force.
19.Repeals, Amendments, Transition and Enactment
19.1. By-law 924 of 2022 shall be repealed on the date this By-law comes into force
and effect.
19.2. Despite the repeal of By-laws under section 19.1:
a) the By-law shall continue to apply to proceedings in respect of offences
that occurred before its repeal; and
b) all licences issued under the By-law that are in effect at the time of the
repeal shall be deemed to be licences as issued under this By-law, with
all necessary modifications, and all the rules, requirements and
regulations of this By-law shall apply.
19.3. Upon the final passing thereof, this By-law shall come into effect
December 3rd, 2024.
READ A FIRST, SECOND AND THIRD TIME this 3rd day of December 2024.
ZL
lan Veen, Mayor
Martha Gawley, Clerk-Treasurer f |
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