This is the exact embedded text of the captured official document.
Snapshot afefad8e7614 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BY-LAW NO. 2005-123
"A BY-LAW TO LICENCE, REGULATE AND GOVERN DOG
KENNELS WITHIN THE CITY OF OWEN SOUND"
Originally Passed and Enacted June 27, 2005
Amended By By-law:
Passed On:
2013-030
February 11, 2013
Consolidated Version
Revised and Verified February 21, 2013
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and information.
While every effort is made to ensure the accuracies of these by-laws, they are not official versions
or legal documents. The original by-laws should be consulted for all interpretations and
applications on this subject. For more information or original signed copies of by-laws please
contact the City Clerk's Department.
BY-LAW NO. 2005-123
THE CORPORATION OF THE CITY OF OWEN SOUND
A BY-LAW TO LICENCE, REGULATE AND GOVERN
DOG KENNELS WITHIN THE CITY OF OWEN SOUND
WHEREAS Section 150 of the Municipal Act, 2001, c.25 empowers
municipalities to license, regulate and govern any business wholly or partly
carried on within the municipality; and
WHEREAS the Council of The Corporation of the City of Owen
Sound deems it appropriate to enact a By-law to licence, regulate and govern
persons operating dog kennels; and
WHEREAS, except as otherwise provided, a municipality may only
exercise its licensing powers under this section, including imposing conditions,
for one or more of the following purposes - health and safety, nuisance control
and consumer protection; and
WHEREAS a By-law Licensing or imposing any condition shall
include an explanation as to the reason the municipality is licensing it or
imposing the conditions and how that reason relates to the purposes under the
Municipal Act, 2001, Section 150 (2); and
WHEREAS the Council of The Corporation of the City of Owen
Sound held a public meeting on June 20, 2005, pursuant to Section 150 (4) of
the Municipal Act, 2001, c.25, prior to the adoption of this By-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
CITY OF OWEN SOUND HEREBY ENACTS AS FOLLOWS:
PART 1
DEFINITIONS
1.
For the purpose of this By-law the following definitions apply:
1.1
"dog" means a male, female, spayed female or neutered male dog
over the age of three months.
1.2
"kennel" means a kennel of dogs which are all registered or eligible
for registration with an association incorporated under the Animal
Pedigree Act (Canada).
1.3
"licence" means the receipt issued by the Treasurer of the City of
Owen Sound or the Treasurer's authorized agent upon registration of
a kennel and payment of the appropriate fee.
1.4
"licence fee" means the licence fee established by City Council set
out in the Fees and Charges By-law, as amended from time to time.
1.5
"owner" of a dog includes a person who possesses or harbours a
dog and where the owner is a minor, the person responsible for the
custody of the minor, and owns and owned have a corresponding
meaning.
Page 3
BY-LAW NO. 2005-123
PART II
LICENSING OF KENNELS
REASON
The operation of kennels can be a public nuisance if they are not
restricted to appropriately designated areas. This reason relates to
nuisance control.
2.
No person shall keep a kennel of dogs in the City of Owen Sound
except under the authority of a currently valid licence which must be
renewed annually before the fifteenth day of January in each year.
2.1
Every person making application for a licence to keep a kennel of
dogs shall:
2.1.1
Make application in writing and provide proof that every dog in the
kennel is registered or is eligible for registration with an association
incorporated under the Animal Pedigree Act (Canada).
2.1.2
Pay the annual licence fee as set out in the Fees and Charges By-
law, as amended from time to time.
2.1.3
A kennel licence shall not be issued or renewed unless the applicant
complies with the requirements of other relevant By-laws of the City
of Owen Sound in force from time to time.
2.1.4
A kennel licence as required under this By-law shall not be available
for any property which is located in a zone established under the
City of Owen Sound Zoning By-law which does not permit as a
permitted use a kennel as defined under the said zoning by-law.
2.1.5
The owner of a kennel of dogs who holds a current and valid kennel
licence issued by the City of Owen Sound shall not be required to
pay any further licence fees in respect of each dog in the kennel so
long as the dog is kept in the kennel.
2.1.6
No person shall keep or permit any other person to keep in or upon
any lands, premises, or dwelling unit at any time, more than two (2)
dogs unless such person has obtained a kennel licence pursuant to
this By-law except that the owner of a dam of a litter may keep in or
upon said lands, buildings or premises the litter so born until each
dog has attained the age of ten (10) weeks.
2.1.7
The Council of the City of Owen Sound may refuse to issue or to
renew a licence for a kennel of dogs after first providing the applicant
with an opportunity for a hearing pursuant to the provisions of the
Statutory Powers Procedure Act.
2.1.8
Every owner or operator of a kennel of dogs shall allow access to the
facility, for the purpose of inspection at all reasonable hours, to any
person appointed by the City of Owen Sound to enforce the
provisions of this By-law.
Page 4
BY-LAW NO. 2005-123
PART III
PENALTIES
3.
Any person who contravenes any of the provisions of this By-law is
guilty of an offence.
3.1
Any person convicted of an offence under any section of this By-law
shall forfeit and pay a fine which shall be recovered under the
provisions of the Provincial Offences Act.
3.2
In accordance with Sections 150 (8) of the Municipal Act, 2001, C.25,
the City may require the payment by a licensed business of
additional fees at any time during the term of the licence for costs
incurred by the City attributable to the activities of the business.
PART IV
BY-LAWS REPEALED
4.
Part III of By-law No. 1993-132 is hereby repealed.
This By-law shall come into full force and effect upon the final
passing thereof.
FINALLY PASSED AND ENACTED this 27th day of June, 2005.
Signature on File
Mayor
Signature on File
Deputy Clerk