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Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
The Corporation of the
Town of Penetanguishene
By-law 2012-56 as amended
Town of Penetanguishene Cat By-law
OFFICE CONSOLIDATION - WORKING COPY
By-law 2012-56, as amended by By-laws:
2013-54
Revised September 29, 2013
The following consolidation is an electronic reproduction made available for
information only. This is not an official version of the By-law(s). The Town of
Penetanguishene does not warrant the accuracy of consolidated versions.
This consolidation cannot be distributed or used for commercial purposes.
Any other distribution must repeat this disclaimer.
Official versions of all By-laws can be obtained from the Clerk's Office by
calling (705) 549-7453
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
THE CORPORATION OF THE TOWN OF PENETANGUISHENE
BY-LAW NUMBER 2012-56
Being a By-law to Provide for the Control of Domestic Cats
and to Repeal By-law No. 1997-23
WHEREAS pursuant to Section 9 of the Municipal Act, 2001 S.O., Chapter 25, as
amended, a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS pursuant to Section 8. (1) of the Municipal Act, 2001 S.O. 2001,
Chapter 25, as amended, the powers of a municipality under this or any other Act shall
be interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate to enhance the
municipality's ability to respond to municipal issues;
AND WHEREAS pursuant to Section 11. (3) of the Municipal Act, 2001, S.O. 2001,
Chapter 23, a lower-tier municipality may pass By-laws respecting the health, safety
and well-being of persons, protection of persons and property, consumer protection and
animals;
AND WHEREAS pursuant to Section 103 (1) of the Municipal Act, 2001, S.O. 2001,
Chapter 25, if a municipality passes a By-law regulating or prohibiting with respect to
the being at large or trespassing of animals, it may provide for, (a) the seizure and
impounding of animals being at large or trespassing contrary to the by-law; and (b) the
sale of impounded animals, (i) if they are not claimed within a reasonable time, (ii) if the
expenses of the municipality respecting the impounding of the animals are not paid, or
(iii) at such time and in such manner as is provided in the By-law;
AND WHEREAS pursuant to Section 391. (1) of the Municipal Act, 2001, S.O. 2001,
Chapter 25, the Municipality may impose fees or charges on persons for services or
activities provided or done by or on behalf of it;
AND WHEREAS sections 425, 426 and 429 of the Municipal Act, 2001 S.O. 2001,
Chapter 25, states a municipality may pass By-laws providing that a person who
contravenes a By-law of the municipality passed under this Act is guilty of an offence,
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 Act or under a By-law passed under
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
this Act and a municipality may establish a system of fines for offences under a By-law
of the municipality passed under this Act;
AND WHEREAS section 436 of the Municipal Act, 2001 S.O. 2001, Chapter 25,
provides that the municipality has the power to pass By-laws authorizing the power of
entry for the purpose of inspecting land to determine compliance with a By-law,
direction, order, or condition of license;
AND WHEREAS section 435, 437 and 438 of the Municipal Act, 2001 S.O. 2001,
Chapter 25, set out additional powers and restrictions in regard to the power of entry;
AND WHEREAS section 446 of the Municipal Act, 2001 S.O. 2001, Chapter 25
authorizes the municipality 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
municipality may enter upon land at any reasonable time, the municipality may recover
the costs of doing a matter or thing from the person directed or required to do it by
action or by adding the costs to the tax roll and collecting them in the same manner as
property taxes;
AND WHEREAS the Council of The Corporation of the Town of Penetanguishene
deems it necessary for the safety and welfare of its citizens to regulate and control
domestic cats the running at large and trespass of domestic cats;
NOW THEREFORE the Council of the Town of Penetanguishene hereby enacts as
follows:
1.
DEFINITIONS
In this By-law:
1.1
"Animal Control Officer" means an Animal Control Officer appointed by
By-law of the Town for the purposes of carrying out an Animal Control
Function.
1.2
"Appeal Committee" means the Finance & Corporate Services Section
of the Council of the Town of Penetanguishene or such other committee
as Council may designate from time to time for this purpose.
1.3
"Cat" means a feline which is harbored by a human and which may be
dependent on humans for food and shelter but shall not include a feline
which is wild or indigenous to a species which would normally considered
to be wild.
1.4
"Council" means the Council of The Corporation of the Town of
Penetanguishene.
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
1.5
"Dwelling unit" means a room or suite of two (2) or more rooms
designed or intended for use by any person or persons in which sanitary
conveniences are provided and in which facilities are provided for cooking
or the installation of cooking equipment, which shall include any real
property associated with such a dwelling unit.
1.6
"Harbour" shall mean to provide food, shelter or care to cat by direct act
or active omission.
1.7
"Kennel" shall mean:
a) A place where more than six (6) cats are kept and cared for on behalf
of the owner of the cats;
b) A place where more than six (6) cats are kept by the owner of the cats
1.8
"Owner of a cat" includes:
a) A person who possesses or harbours a cat;
b) Where the person who possesses a cat is a minor, the person
responsible for the custody of the minor.
1.9
"Officer" means a Municipal Law Enforcement Officer or such other
officer as may be appointed by Council from time to time for the
enforcement of this By-law.
1.10 "Person" means all transients, owners, tenants and occupiers of lands
within the Town and shall include any individual, association, firm
partnership, incorporated company, corporation, agent or trustee and the
heirs, executors or other legal representatives of a person to who the
context can apply according to law.
1.11 "Property" means real property and shall include grounds, yards and
vacant land.
1.12 "Shall" means imperative or must.
1.13 "Town" means The Corporation of the Town of Penetanguishene and
includes, where the context permits, its duly authorized officers,
contractors, employees and agents.
2.
WORD USAGE
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
2.1
As used in this By-law, words used in the present tense include the future;
words used in the masculine gender include the feminine and neuter; and
the singular number includes the plural and the plural the singular.
2.2
The headings and subheadings used in this By-law shall not form a part of
the By-law, but shall be deemed to be inserted for convenience of
reference only.
3.
LIMIT OF TWO (2) CATS
3.1
No more than two (2) cats shall be harboured, at any one time, in a
dwelling unit or on property associated with such dwelling unit within the
Town.
3.2
Notwithstanding Section 3.1, no more than two (2) cats shall be
harboured, at any one time, in any structure used for commercial,
industrial or institutional purposes within the Town.
3.3
Section 3.1 and 3.2 do not apply to:
(i)
The operation of a kennel licensed under the provisions of this By-
law and operated for the purposes of breeding or boarding cats;
(ii)
An animal hospital owned and operated by a veterinarian licensed
by the Ontario Veterinarian Association;
(iii)
A pet store licensed in accordance with the provisions of the
municipal By-laws;
(iv)
A shelter or pound of the Ontario Society for the Prevention of
Cruelty to Animals;
(v)
Cats under the age of twelve (12) weeks;
(vi)
Persons possessing more than the limit prior to September 1, 2012,
but as each cat dies or is disposed of, the provisions of this By-law
shall apply.
4.
KENNEL LICENSING
4.1
No person or persons shall keep more than two (2) cats over twelve (12)
weeks of age at one location unless a kennel license is obtained.
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
4.2
Prior to the issuance of a kennel license, the Animal Control Officer shall
conduct an inspection and be satisfied that the premises are suitable for
the purpose of a kennel and in compliance with the requirements set out
herein.
4.3
Every person who holds a kennel license or applies for a kennel license
shall comply with the following requirements:
(i)
The kennel shall be in a separate building.
(ii)
The kennel building and its location must conform to the Zoning By-
law and the Ontario Building Code.
(iii)
The kennel building shall have a floor of concrete or other
impermeable material and such floor shall be thoroughly cleaned
daily, or more often if necessary.
(iv)
The kennel building shall have electric lighting, windows that may
be opened for proper ventilation, a heating system sufficient to
adequately heat the building, hot and cold running water and a food
preparation area.
(v)
Cats being housed at the kennel shall not be permitted outside of a
fully confined area which shall include a barrier over top of the area,
in order to prevent escape from the confines of the kennel.
(vi)
Where clipping and grooming service is performed, such clipping
and grooming shall be carried out in the kennel building only.
(vii)
While the license is in force the kennel operator shall keep the
license continuously exposed in a conspicuous place in the interior
of the premises for which the license is obtained.
(viii)
At all times, the kennel operator shall maintain the premises in a
sanitary, well ventilated clean condition, and free from offensive
odours.
(ix)
The operator shall keep cats in sanitary, well bedded, well
ventilated, naturally lighted, clean quarters at a healthful
temperature at all times.
(x)
The operator shall feed and give water to the cats periodically each
day and keep same in a clean, healthy condition free from vermin
and disease.
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
(xi)
On receipt of an application for any renewal of a kennel license or
at any time during the period when the kennel is in operation, an
Officer may at any reasonable time enter upon the premises of the
license holder to inspect any place where cats are kept, pursuant to
this By-law.
(xii)
If a kennel is found not to conform under the requirements set out
herein, an officer may direct that the cats be seized and impounded
by the Animal Control Officer appointed by the Town and may
revoke the license issued to the kennel.
(xiii)
The annual kennel license fee shall be as provided for in Schedule
"A" to this By-law.
5.
CATS RUNNING AT LARGE
5.1
No owner of a cat shall permit his cat to run at large within the boundaries
of the Town.
5.2
For the purpose of this By-law, a cat shall be deemed to be running at
large when found trespassing at a place other than the premises of the
owner and not under the control of a capable and responsible person.
5.3
A cat shall be deemed to be under the control of a capable and
responsible person if it is on a leash attached to harness, which the leash
is in the hands of an individual able to restrain the cat and/or maintain
control over the cat.
5.4
A cat running at large may be seized and contained by any person who
shall forthwith deliver the cat to an Animal Control Officer. For the purpose
of this section "Contain" shall be limited to being held within a container
such as a cat carrier with adequate ventilation in order to prevent
suffocation.
5.5
Any cat running at large may be seized and impounded, and may be sold
or destroyed by the Town.
5.6
No owner of a cat, whether or not the cat is on a leash, shall allow the cat
to enter into or upon any building or structure which is owned or controlled
by the Town.
5.7
Where any cat is running at large and:
(i)
Represents a threat to the safety of any person or animal, or
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
(ii)
Is severely injured,
An Animal Control Officer or Police Officer may destroy such cat and no
damages or compensation shall be recoverable by the owner as a result of
any such action.
6.
FEES PAYABLE AFTER IMPOUNDING
6.1
The Animal Control Officer, on satisfactory identification, may release an
impounded cat to the owner on payment of the fees as set out in Schedule
"B", plus the cost of any damages, fines, expenses, veterinary care and
the cost of any vaccination or immunization.
6.2
Any cat impounded may at the discretion of the Town, be given an
inoculation to provide temporary immunization against distemper or any
other contagious or infectious disease.
6.3
The Animal Control Officer is hereby authorized to charge the fees for
services as set out in Schedule "B".
6.4
Where a cat has been impounded and has not been destroyed, the Animal
Control Officer shall release possession of the cat to its owner where:
(i)
The owner attends at the pound and claims possession of the cat
within three (3) days, excluding the day in which the cat was
impounded, statutory holidays and Sundays and;
(ii)
Pursuant to the fees provided in Schedule "B" to this By-law, the
owner pays the Animal Control a seizure/pound fee, in addition to
the daily maintenance fee for each day the cat has been in the
pound commencing the day on which the cat is seized and
including the date on which the cat is removed from the pound.
6.5
Notwithstanding Section 6.4, if the Animal Control Officer seizes and
impounds a female cat found to be running at large while in heat, said cat
shall be held at the pound at the discretion of the Animal Control Officer,
until no longer in heat, but in any case no longer than twenty-one (21)
days.
7.
DISPOSAL OF CATS
7.1
Where a cat has been seized while found running at large and impounded
and the owner has not claimed the cat within three (3) days, excluding the
day on which the cat was seized, statutory holidays and Sundays, or
having attended at the pound to claim the cat but not paid the prescribed
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
seizure/pound and maintenance fees, the Animal Control officer may sell
the cat for such price as he deems fit, destroy the cat in a humane
manner, or otherwise dispose of the cat as the Officer in his discretion
deems fit and no damages or compensation shall be recoverable by the
owner as a result of any such action.
8.
SEVERABILITY
8.1
If a court of competent jurisdiction should declare any section or part of
a section of this By-law to be invalid such section or part of a section
shall not be construed as having persuaded or influenced Council to
pass the remainder of this By-law and it is hereby declared that the
remainder of this By-law shall be valid and shall remain in force.
8.2
Where the provisions of this By-law conflict with the provisions of any
other by-law or Act, the more restrictive provisions shall apply.
9.
SCHEDULES
9.1
Schedules A and B attached hereto shall form part of this By-law.
10.
POWERS OF ENTRY
10.1 An Officer as defined in this By-law is hereby vested with the authority to
enforce the By-law
10.2 An Officer may enter on a lot at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are
being complied with:
a) The provisions of this By-law;
b) A direction or notice issued under this By-law.
10.3 Where an inspection is conducted by the Town, an Officer may:
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;
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
c) Require information from any person concerning a matter related to
the inspection including their name, address, phone number and
identification;
10.4 Every Owner or Person occupying the property shall permit an Officer to
inspect any land for the purposes as set out in this By-law. An Officer may
be accompanied by a person under the Officer's direction.
10.5 Power of entry may be exercised by an Officer as defined in this By-law.
10.6 Where the owner, lessee or occupant is in default of doing the necessary
work as outlined within the notice provided pursuant to this By-law, the
Officer may enter upon land at any reasonable time and cause the work to
be completed by a qualified contractor as contracted by the Town.
11.
PENALTY PROVISIONS
11.1 Every person who contravenes the provisions of this By-law and every
Director or Officer of a Corporation, who knowingly concurs in the
contraventions by the Corporation, is guilty of an offence and liable on
conviction to a penalty that shall not exceed $100, 000 exclusive of costs
under the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as
amended.
11.2 For the purpose of continuous offences, every person who contravenes
any provision of this By-law and every Director or Officer of a Corporation
who knowingly concurs in the contravention of a By-law of the Corporation
is guilty of an offence and liable on conviction to a penalty not exceeding
$10, 000, exclusive of costs under the provisions of the Municipal Act,
2001, S.O. 2001, c.25, as amended.
11.3 Despite the Section 11.2 and the provisions of the Municipal Act, 2001,
S.O. 2001, c.25, as amended, the total of all daily fines for the offence is
not limited to $100, 000.
11.4 For the purpose of multiple offences, every person who contravenes any
provision of this By-law and every Director or Officer of a Corporation who
knowingly concurs in the contravention of a By-law of the Corporation is
guilty of an offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal Act,
2001, S.O. 2001, c.25, as amended.
11.5 Despite Section 11.4 and the provisions of the Municipal Act, 2001, S.O.
2001, c.25, as amended, the total of all daily fines for the offence is not
limited to $100, 000.
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
11.6 Every person who fails to comply with a notice made under this By-law is
guilty of an offence.
11.7 It shall be an offence for a person to hinder or obstruct, or attempt to
hinder or obstruct, an Officer who is exercising a power or performing a
duty under the Municipal Act, 2001, as amended, or under a by-law
passed under the Municipal Act, 2001, as amended.
11.8 Any Person who has been alleged to have contravened any of the
provisions of a by-law passed under the Municipal Act, 2001, as amended,
shall identify themselves to the Officer upon request. Failure to do so shall
be deemed to have obstructed or hindered the Officer in the execution of
the Officer's duties.
11.9 Every person who contravenes any section of this by-law under a part l or
part ll ticket, upon conviction shall be liable to a fine as provided for in the
Provincial Offences Act R.S.O 1990, Chapter P.33 as amended.
11.10 Upon conviction any penalty imposed under this By-law may be collected
under the authority of the Provincial Offences Act, R.S.O. 1990, Chapter
P.33, as amended.
12.
REPEAL
12.1 That By-law 1997-23 is hereby repealed in its entirety.
12.2 That any By-law or By-laws, or parts of any By-law or By-laws that are
inconsistent with this By-law are hereby deemed repealed.
13.
SHORT FORM TITLE
13.1 That this By-law shall be referred to as the "Cat By-law".
14.
EFFECTIVE DATE
14.1 This By-law shall come into full force and effect upon receipt of the approval of
the set fine schedules as issued by the Regional Senior Judge of the Ontario
Court of Justice, Central East Region.
BY-LAW read a first, second and third time and finally passed by Council on the 29th
day of August, 2012.
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
___________________________
MAYOR Gerry Marshall
___________________________
CLERK Holly Bryce
Cat By-law 2012-56 as amended
Office Consolidation- revised September 29, 2013
SCHEDULE "A"
BY-LAW NUMBER 2012-56
Being a By-law to Provide for the Control of Domestic Cats
and to Repeal By-law No. 1997-23
Annual Fees for Kennel Licensing
January 1st to February
28th of any given year
March 1st to December
31st of any given year
Kennel Fee
$100.00
$135.00
.