Municipal Code Chapter 284 - Dog Licensing and Regulation — full text

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Orillia 284.1 September 2023 Animals Chapter 284 Dog - Licensing - Regulation Chapter Index Article 1 Interpretation 284.1.1 Animal Control Officer - defined 284.1.2 CAO/Clerk - defined 284.1.3 Dog - defined 284.1.4 Owner - defined 284.1.5 Director of Legislative, Building, Parking, and Transit Services - defined 284.1.6 Muzzle - defined 284.1.7 Pit Bull - defined 284.1.8 Service dog - defined Article 2 General Provisions 284.2.1 Maximum - two dogs - per dwelling 284.2.2 Running at large - prohibited 284.2.3 Running at large - not on leash - property 284.2.4 Leash - length - maximum - ten feet 284.2.5 Howling - barking - excessively - nuisance - prohibited 284.2.6 Pit bull - muzzle - requirement 284.2.7 Orillia City Centre 284.2.8 Exemption - apply 284.2.9 Exemption - authorized 284.2.10 Exemption - denied - notice 284.2.11 Exemption - appeal - notice - decision - final Dog - Licensing - Regulation 284 Orillia 284.2 September 2023 Article 3 Licence - Tag - Requirements 284.3.1 Registration - licence 284.3.2 Application - Payment of fee - requirement 284.3.3 Application - Rabies vaccination - certificate - requirement 284.3.4 Licence - expiry 284.3.5 Licence - not required - dog under twelve weeks 284.3.6 New resident - registration - within fifteen days 284.3.7 Tag - serially numbered 284.3.8 Tag - securely affixed to dog - at all times 284.3.9 Tag - use - on dog - not licensed - prohibited 284.3.10 Tag - lost - fee 284.3.11 Record - kept - owner - name - address - serial number 284.3.12 Licence - tag - non transferable Article 4 Fees 284.4.1 Fees - licence 284.4.2 Service Dogs - exempt from licence fee 284.4.3 Fees - convenience - credit card payments Article 5 Kennel 284.5.1 Licence - annual - fee 284.5.2 Licence - expiry - annual 284.5.3 Erection - maintenance - approval required 284.5.4 Distance from buildings - street allowances 284.5.5 Run - pen - exercise yard - distance from boundary line 284.5.6 Land - minimum area - requirement Dog - Licensing - Regulation 284 Orillia 284.3 September 2023 Article 6 Animal Control Shelter 284.6.1 Impounding - release - fees - claim procedure 284.6.2 Female - in heat - held twenty-one days - fee 284.6.3 Owner - liable - all fees - dog not claimed 284.6.4 Licence - required - before release 284.6.5 Dog - not claimed - within five days - sale 284.6.6 Dog - not claimed - within five days - disposal 284.6.7 Injured dog - destroyed - for humane reasons Article 7 Enforcement 284.7.1 Fine - for contravention 284.7.2 Hinder or Obstruct 284.7.3 Rebuttable presumption - identification Article 8 Effective Date 284.8.1 Effective date Schedule Schedule 'A' Designated Dog Area __________ Article 1 Interpretation 284.1.1 Animal Control Officer - defined "Animal Control Officer" includes the person or association who has entered into a contract with The Corporation of the City of Orillia to control dogs and to maintain a dog pound and any employees or agents of such person. 284.1.2 CAO/Clerk - defined "CAO/Clerk" means the Chief Administrative Officer/Clerk for the City of Orillia or his or her designate. 284.1.3 Dog - defined "dog" means a male or female dog over the age of twelve weeks. Dog - Licensing - Regulation 284 Orillia 284.4 September 2023 284.1.4 Owner - defined "owner" of a dog includes any person who possesses or harbours a dog and "own", "owns" or "owned" has a corresponding meaning. 284.1.5 Director of Legislative, Building, Parking, and Transit Services - defined "Director of Legislative, Building, Parking, and Transit Services" means the Director of Legislative, Building, Parking, and Transit Services for the City of Orillia or his or her designate. 284.1.6 Muzzle - defined "muzzle" means a human fastening or covering device of adequate strength placed over the dog's mouth to prevent it from biting. 284.1.7 Pit Bull - defined "Pit Bull" means a dog of any age which can be identified as a dog of one or more of the following breeds or mixed breed by the Humane Society: 1. Pit Bull Terrier; 2. American Pit Bull Terrier; or 3. Pit Bull. 284.1.8 Service dog - defined Service dogs shall include specially trained dogs to assist the visually impaired, the hearing impaired and dog guides working with persons with physical disabilities, mental disabilities and/or medical conditions. Article 2 General Provisions 284.2.1 Maximum - two dogs - per dwelling No person shall harbour or keep, or permit to be harboured or kept, more than two dogs on the premises of or in a dwelling unit located within the City of Orillia, with the following exceptions: (a) a veterinary hospital; (b) a pet store; (c) a Ontario Humane Society shelter or the Animal Control Pound; (d) a kennel licensed under the provisions of Article 5; Dog - Licensing - Regulation 284 Orillia 284.5 September 2023 (e) any dog being displayed or exhibited for a set period of time in a City sanctioned event, which is operated in accordance with the City's conditions. 284.2.2 Running at large - prohibited No owner of a dog shall allow a dog to run at large within the limits of the municipality of the City of Orillia. 284.2.3 Running at large - not on leash - property For purposes of this Article, a dog not on a leash is deemed to be at large when found elsewhere than on the property of the owner. 284.2.4 Leash - length - maximum - ten feet A dog when on property other than that of its owner must be contained by a leash not exceeding ten feet in length and must be maintained under control at all times. 284.2.5 Howling - barking - excessively - nuisance - prohibited No owner of a dog shall allow the dog to howl or bark excessively or otherwise become a nuisance. 284.2.6 Pit bull - muzzle - requirement No owner of a pit bull shall allow the dog outside its residence without securely attaching a muzzle. 284.2.7 Orillia City Centre No owner of a dog shall allow a dog on the Orillia City Centre property on Saturdays between 5:00 a.m. and 2:00 p.m. with the exception of a designated dog area as shown on Schedule 'A'. This provision shall not apply to a service dog. 284.2.8 Exemption - apply Any person who owns, controls, possesses, boards or harbours more than two dogs per dwelling unit upon establishing residency on any property within the City may apply in writing to the Director of Legislative, Building, Parking, and Transit Services for an exemption to Section 284.2.1. 284.2.9 Exemption - authorized The Director of Legislative, Building, Parking, and Transit Services may authorize an exemption to Section 284.2.1 subject to such terms and conditions as are necessary to give effect to this Chapter, provided that no more than two dogs are exempted. 284.2.10 Exemption - denied - notice If the Director of Legislative, Building, Parking, and Transit Services denies the exemption, the applicant may appeal the decision to the CAO/Clerk. The Director of Legislative, Building, Parking, and Transit Services shall notify the applicant in writing of his/her decision and inform the applicant of his/her right of appeal within fourteen days of receipt of notification. Dog - Licensing - Regulation 284 Orillia 284.6 September 2023 284.2.11 Exemption - appeal - notice - decision - final Upon receipt of an appeal, the CAO/Clerk may authorize an exemption to Section 284.2.1 subject to such terms and conditions as are necessary to give effect to this Chapter. The CAO/Clerk shall notify the applicant in writing of his/her decision and that decision will be final and no further right of appeal will be granted. Article 3 Licence - Tag - Requirements 284.3.1 Registration - licence Every owner of a dog shall register such dog with The Corporation of the City of Orillia, or its agent, and procure a licence and dog tag for each dog owned by him or her. 284.3.2 Application - Payment of fee - requirement Upon application for a licence, the owner of a dog shall pay to the City, or its agent, a fee as set out in Article 4. 284.3.3 Application - Rabies vaccination - certificate - requirement Upon application for a licence, the owner of a dog shall produce a current certificate signed by a practicing veterinarian that the dog has been inoculated with an anti-rabies vaccine. 284.3.4 Licence - expiry Every licence issued by the City, or its agent after December 10, 2020 shall have no expiry date associated with such licence. 284.3.5 Licence - not required - dog under twelve weeks No licence shall be required for any dog before it is twelve weeks old. 284.3.6 New resident - registration - within fifteen days A new resident of the City of Orillia must register his or her dog within fifteen days of becoming a new resident. 284.3.7 Tag - serially numbered Every dog tag shall bear the serial number. 284.3.8 Tag - securely affixed to dog - at all times The owner shall keep the dog tag securely fixed on the dog at all times. 284.3.9 Tag - use - on dog - not licensed - prohibited No person shall use a dog tag upon a dog other than the dog for which the tag was issued. 284.3.10 Tag - lost - fee The fee charged for the replacement of a lost dog tag shall be $10.00. Dog - Licensing - Regulation 284 Orillia 284.7 September 2023 284.3.11 Record - kept - owner - name - address - serial number A record shall be kept by the City of Orillia showing the name and address of the owner and the serial number of the dog tag. 284.3.12 Licence - tag - non transferable No licence or dog tag issued for a dog pursuant to the provisions of this Chapter is transferable between dogs or owners. Article 4 Fees 284.4.1 Fees - licence The licence fee to be paid to The Corporation of the City of Orillia, or its agent shall be $75.00. 284.4.2 Service Dogs - exempt from licence fee Where a Certificate is produced from a recognized training establishment stating the dog is being used as a service dog, the owner of the dog shall be exempt from the payment of all licence fees applicable pursuant to the Chapter. 284.4.3 Fees - convenience - credit card payments A 2.4% convenience fee shall be charged for the use of credit cards for online payments processed by the City's Merchant Services Payment Processor. Article 5 Kennel 284.5.1 Licence - annual - fee Notwithstanding the provisions of Article 4, the owner of a kennel of purebred dogs shall pay an annual kennel licence fee of $25 to The Corporation of the City of Orillia, and such owner is not liable to pay any further licence fee in respect of such purebred dog. 284.5.2 Licence - expiry - annual Every kennel licence issued pursuant to this Chapter shall expire on the 31st day of December of the year in which the licence was issued. 284.5.3 Erection - maintenance - approval required No kennel shall be erected or maintained, subsequent to the passing of the enabling by-law, unless approval has been obtained from both the Simcoe County Health Unit and the Animal Control Officer. 284.5.4 Distance from buildings - street allowances No building housing a kennel shall be erected or maintained, subsequent to the passing of the enabling by-law, within fifty feet of any inhabited or habitable building or any street allowance. Dog - Licensing - Regulation 284 Orillia 284.8 September 2023 284.5.5 Run - pen - exercise yard - distance from boundary line No run, pen or exercise yard shall be constructed subsequent to the passing of the enabling by-law within four feet of any boundary line. 284.5.6 Land - minimum area - requirement No kennel shall be erected or maintained subsequent to the passing of the enabling by-law upon a parcel of land which has an area of less than 19,000 square feet. Article 6 Animal Control Shelter 284.6.1 Impounding - release - fees - claim procedure Subject to Section 284.6.7, a peace officer or Animal Control Officer may: (a) seize and impound any dog found running at large; and (b) restore possession of the dog to the owner thereof where: i) the owner claims possession of the dog within five days (exclusive of statutory holidays and Sundays) after the date of seizure; and ii) the owner pays to the peace officer or Animal Control Officer a pound fee of $30 for a dog seized and impounded plus a maintenance sum of $6 for each day subsequent to the day of seizure that the dog remains impounded. 284.6.2 Female - in heat - held twenty-one days - fee Any female dog found to be running at large in heat shall be held at the pound until no longer in heat, but in any case no longer than twenty-one days, and the owner shall be liable for a pound maintenance fee of $6 per day. 284.6.3 Owner - liable - all fees - dog not claimed Where a dog is impounded, the owner, if known, and whether the dog is claimed from the pound or not, shall be liable for the pound and maintenance fees prescribed and shall pay all fees on demand to the Animal Control Officer. 284.6.4 Licence - required - before release No dog shall be returned to the owner unless the dog has been licensed in accordance with the provisions of this Chapter and any owner of a dog without a licence or a dog tag shall obtain a licence and a dog tag for the current year before delivery is made. 284.6.5 Dog - not claimed - within five days - sale At the end of the five days where possession of the dog has not been restored to the owner as set out in Section 284.6.1, the Animal Control Officer may sell the dog for such a price as he or she deems reasonable. Dog - Licensing - Regulation 284 Orillia 284.9 September 2023 284.6.6 Dog - not claimed - within five days - disposal Where the owner of a dog has not claimed the dog within five days after its seizure under Section 284.6.1 and the dog has not been sold, the Animal Control Officer may kill the dog in a humane manner, or otherwise dispose of the dog as he or she sees fit, and no damages or compensations shall be recovered on account of its killing or other disposition. 284.6.7 Injured dog - destroyed - for humane reasons Where a dog seized under Section 284.6.1 is injured or should be destroyed without delay for humane reasons or safety to persons or animals, the peace officer or Animal Control Officer may kill the dog in a humane manner as soon after seizure as he or she thinks fit without permitting any persons to reclaim the dog or without offering it for sale and no damages or compensations shall be recovered on account of its killing. Article 7 Enforcement 284.7.1 Fine - for contravention Any person who contravenes any of the provisions of this Chapter is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act. 284.7.2 Hinder or Obstruct No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this Chapter, or any person lawfully acting in aid of such an Officer. Without limiting the generality of the meaning of "hinder" or "obstruct", a person shall be deemed to have obstructed or hindered an Officer in the execution of their duties if he or she: (a) provides false information to an Officer; or (b) is alleged on reasonable and probable grounds to have contravened any of the provisions of this Chapter, and fails to identify themselves to an Officer upon request. 284.7.3 Rebuttable presumption - identification In a prosecution for a contravention of this Chapter, evidence of identification shall be presumed to be correct and accurate, unless rebutted by evidence to the contrary. Article 8 Effective Date 284.8.1 Effective date This Chapter shall come into force and take effect as of the date of the final passing of the enabling by-law. Dog - Licensing - Regulation 284 Orillia 284.10 September 2023 Repealed and Replaced: By-law 2020-106, 10 December 2020. By-law Amendment: By-law 2022-72, 6 June 2022; By-law 2023-095, 25 September 2023.