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BY-LAW NO. 3557
SCHEDULE "A"
SET FINES
(SET FINES PER PART 1 OF THE PROVINCIAL OFFENCES ACT)
The sums to be paid as set fines are as follows:
NOTE: The general penalty provision for the offences listed above is section 61 of the Provincial
Offences Act, R.S.O. 1990, c. P. 33.
Town of Perth By-law 3557
Page 13 of 14
THE CORPORATION OF THE TOWN OF PERTH
BY-LAW NO. 3557
ANIMAL CONTROL BY-LAW
A by-law for the Corporation of the Town of Perth respecting the regulation and
control, protection and identification of animals and for prohibiting the keeping of
animals of any class thereof.
WHEREAS pursuant to section 9, 1 1, 103, 104, 105 of the Municipal Act, 200 1,
S.O. 2001, c. 25, By-Laws regarding the prohibiting and control of animals may be
passed by the councils of local municipalities.
NOW THEREFORE the Council of the Corporation of the Town of Perth enacts as
follows:
1. DEFINITIONS
1.1 In this by-law, the following definitions apply:
1.1.1 "Agent" means an Animal Control Officer, or other Provincial
Offences Officer appointed by the Corporation of the Town of Perth.
1.1.2 "Animal" means any member of the animal kingdom, other than a
human, including but not limited to, non-human mammal, fish, bird,
reptile, arachnid or amphibian or insect, include dog, cat, domesticated
animal, livestock and wild animal.
1.1.3 "Animal Control Officer" means a Provincial Offences Officer
appointed by by-law of the Town to undertake the control of
domesticated animals within the Town of Perth.
1.1.4 "Animal Shelter" means any premises designated by the Corporation
for the purpose of impounding and caring for animals taken up by the
agents of the Corporation.
1.1.5 "At Large" means an animal shall be deemed to be running at large, if
found in any place other than the premises of the owner, and not under
the control of any person.
1.1.6 "Cat" means a domestic feline, cat or cats, male or female and
includes any cat or cats complete, spayed or neutered.
1.1.7 "Cat Registration Issuer" means a person or persons employed by
the Town for the purpose of implanting, registration and/or issuance of
a cat tag.
1.1.8 "Dog Licence Issuer" means a person or persons employed by the
Town for the purpose of implanting, registration and/or issuance of a
dog licence and dog tag.
1.1.9 "DogICat Tag" means a tag bearing a serial number and the year for
which it was issued.
1.1.10 "Domesticate" means to accustom to household life and affairs.
1.1.11 "Exotic Animal" means any animal, other than livestock and
domestic breeds of dogs and cats.
Town of Perth By-law 3557
Page 1 of 14
1.1.12 "Guide Dog" means any dog trained as a guide dog for a visually
impaired person and having the qualifications prescribed by the
regulations under the Blind Person's Rights Act, and shall also include
a dog professionally trained as guide dog for other physically disabled
persons.
1.1.13 "Implant" means a coded chip that contains permanent vital
information about the animal in which the device is implanted.
1.1.14 "Kennel" means any premises where more than two dogs or more
than two cats, or a combination thereof, are lodged, bred, kept or
boarded.
1.1.15 "Kennel Permit Issuer" means the Animal Control Officer or a
person or persons designated by the Town for the purpose of issuing a
kennel permit.
1.1.16 "Leashn means a restraining device of sufficient strength and material
for holding an animal
1.1.17 "Leashed" means a restraining device securely attached to the animal
and controlled by a person or securely attached to a stationary object.
1.1.18 "Licensed Hunting Dog" means the dog, licensed by MNR, that has a
valid hunting licence from the previous year.
1.1.19 "Livestock" means animals kept or dealt in for farm use or profit.
1.1.20 "Muzzled" means a humane fastening or covering device of adequate
strength over the mouth to prevent an animal from biting.
1.1.21 "Owner of an Animal" includes any person who owns, possesses,
harbours or has the care and control of an animal and, where the owner
is a minor, the person responsible for the custody of the minor.
"Owns" and "owned" have corresponding meaning.
1.1.22 "Restrained" means being kept inside a building or house or in an
enclosed pen of sufficient dimensions and strength to be humane and
to prevent a dog from coming in contact with persons other than the
owner of the dog.
1.1.23 "Sanitized" means to clean for the purpose of controlling disease-
producing organisms and "sanitized" has a corresponding meaning.
1.1.24 "Town" means the Corporation of the Town of Perth.
1.1.25 "Treasurer" means the Treasurer of the Corporation of the Town of
Perth or hisker appointee.
1.1.26 "Vicious Animal" means:
a) an animal which, without provocation, has threatened, attacked,
or has bitten a person, domestic animal or domestic fowl, or
b) any animal with a known propensity, tendency or disposition to
attack without provocation a person, domestic animal, or
domestic fowl.
1.1.27 "Waste" means waste matter sent out from the body (excrement or
faeces).
1.1.28 "Wild" means an animal which has not been made tame, nor has been
taught to live with and under the control of humans.
Town of Perth By-law 3557
Page 2 of 14
2. LICENCING AND REGISTRATION
2.1 All dogs shall be licenced as follows:
2.1.1 No person shall own, keep or harbour any dog within the limits of
the Town, unless helshe has obtained a tag for such dog.
2.1.2 Every dog brought into the Town shall be tagged and registered by
its owner within two (2) weeks of being brought into the Town.
2.1.3 Every dog born in the Town shall be tagged and registered by its
owner within twelve (12) weeks after its date of birth.
2.1.4 Application for a tag for a dog shall be made on or before the first
day of April to qualify for the lower fee listed in "Schedule B"
2.1.5 Upon payment of the tag fee in full, the Dog Licence Permit Issuer
shall provide the owner with a dog tag and a record shall be kept by
the Town showing the name, address, phone number of the owner,
the serial number of the tag, and a complete description of the
animal.
2.1.6 Each tag for a dog, unless specifically expressed to be for a shorter
period and unless suspended or revoked, shall remain in force until
the 3 1 st day of March in the year following the year of issue.
2.1.7 The owner shall keep the dog tag securely fastened on the dog at all
times until the tag is renewed or replaced, but the tag may be
removed while the dog is l a h l l y hunting.
2.1.8 It is an offence to place a tag upon a dog, other than the dog for
which it was issued.
2.1.9 When the owner can show proof of an implant, the licence fee will
be waived.
2.1.10 The Dog Licence Issuer shall turn over to the Treasurer of the Town
all money paid to himher under this by-law.
2.1.11 When a certificate is produced from the Canadian National Institute
for the Blind, stating that a dog is being used as a guide dog for a
blind person, no fee shall be charged for a licence and tag.
2.1.12 On application for a tag, the owner of a dog may be required to
produce a certificate, signed by a practicing veterinarian, that the dog
has been inoculated with an anti-rabies vaccine within the period of
twelve (12) months immediately prior to the date of application for a
licence.
2.2 All cats shall be registered as follows:
2.2.1 This sub-section shall not apply to dogs.
2.2.2 No person shall own, keep or harbour any cat within the limits of the
Town, unless helshe has obtained a tag for such cat.
2.2.3 Every cat brought into the Town shall be tagged and registered by its
owner within two (2) weeks of being brought into the Town.
Town of Perth By-law 3557
Page 3 of 14
2.2.4 Every cat born in the Town shall be tagged and registered by its
owner within twelve (1 2) weeks after its date of birth.
2.2.5 Application for a tag for a cat shall be made as prescribed above to
qualifl for the fee listed in "Schedule B"
2.2.6 Upon payment of the tag fee in full, the Cat Registration Issuer shall
provide the owner with a tag and a record shall be kept by the Town
showing the name, address, phone number of the owner, the serial
number of the tag, and a complete description of the cat.
2.2.7 Each tag for a cat shall remain in effect for the life of the cat.
2.2.8 The owner shall keep the cat tag securely fastened on the cat at all
times until the tag is replaced.
2.2.9 It is an offence to place a tag upon a cat, other than the cat for which
it was issued.
2.2.10 When the owner can show proof of an implant, the tag fee will be
waived.
2.2.11 The Cat Registration Issuer shall turn over to the Treasurer of the
Town all money paid to himher under this by-law.
2.2.12 On application for a tag, the owner of a cat may be required to
produce a certificate, signed by a practicing veterinarian, that the cat
has been inoculated with an anti-rabies vaccine within the period of
twelve (1 2) months immediately prior to the date of application.
2.3 A Licence fee shall be charged in accordance with this By-law in order to
recover cost of the administration and enforcement of the said licence.
2.11.1 Where the Animal Control Officer is unable to contact the animal
owner at home, helshe shall leave a card advising that helshe had
visited the home and that payment of a dog licence fee or cat
registration fee is required and should be forwarded to the Town
Ofice, within a specified time limit.
2.3.2 If payment is not received within the specified time, the Treasurer of
the Corporation shall prepare and forward an invoice to the
household.
3. KENNELS
3.1 No person shall operate a kennel in the Town unless he has obtained a permit
for such kennel under the provisions of this By-Law and meets the
requirements of the Zoning By-Law of the Town.
3.2 No person shall establish a kennel within the limits of the Town which is
located closer than 300 metres from the nearest residence.
3.3 When a kennel is to be established, the owner of the kennel shall be required to
enter into a Site Plan Control Agreement with the Town. This Agreement shall
provide screening to the satisfaction of the Town so as to minimize the effects
of noise.
3.4 No kennel shall accommodate more than ten animals.
Town of Perth By-law 3557
Page 4 of 14
3.5 Application for a permit to operate a kennel shall be made to the Animal
Control Officer on or before the first day of April in each year. All kennel
permits are sold on an annual basis and all permits expire on March 3 1 of the
following year.
3.6 The Animal Control Officer shall not issue the permit for a kennel until the
permit fee provided in this By-Law has been paid and helshe is satisfied that
the applicant has complied with the provisions of this By-Law.
3.7 Each permit for a kennel, unless specifically expressed to be for a shorter
period, and unless suspended or revoked, shall remain in force until the end of
March in the year following the year of issue.
3.8 All fencing and runs for kennels shall be constructed to the following
specifications:
3.8.1 A fence or its equivalent which is to form a kennel enclosure or part
hereof shall be of:
a) chain link construction, or
b) vertical board construction
3.8.2 A fence of chain link construction, six feet -(6') (1.8m) high, shall:
a. have a mesh not greater than 2" (5.08cm) consisting of 12 ga.
galvanized steel wire, or a 14 ga. steel wire covered with vinyl or
other approved plastic which would yield a total thickness
equivalent to 12 ga. steel wire.
b. be supported by a minimum of 112" (1.27cm) galvanized steel
posts, spaced not more than ten feet (10') (3.048m) apart. Such
posts must extend at least three feet (3') (.914m) below grade or
to bed rock and be encased in concrete at least two inches (2")
(5.08cm) thick all around.
c. have a top and bottom rails firmly fastened to the upright posts,
made of a minimum of 1 114" (3.18cm) galvanized steel pipe.
NOTE: Galvanized steel tension wire, 9 ga. may be substituted
for the bottom rail.
3.8.3 A fence of wood construction six feet (6') (1.8m) high, shall:
a. have vertical boarding one inch (1 ") (2.54cm) thick minimum,
attached to a top and bottom rail in such manner as to not
facilitate climbing from the outside. Such vertical boards must
not be less than 1" x 4" (2.54cm x 10.16cm) minimum and must
be spaced not more than 4" (10.16cm) apart.
b. be supported by cedar posts at least 4" x 4" (1 0.16cm x 10.16cm)
minimum, spaced not more than eight feet (8') (2.4m) apart. Such
post shall extend at least three feet (3') (.9 14m) into the ground
or to bedrock and be securely embedded therein.
c. have that portion of the post below the ground level treated with
an approved wood preservative.
d. have top and bottom rails at least 2" x 4" (5.8cm x 10.16cm)
minimum dimensions.
Town of Perth By-law 3557
Page 5 of 14
3.8.4 Not withstanding the above specification, a fence (or its equivalent)
of any other construction which can be demonstrated to yield an
equivalent or greater degree of security and strength, may be
approved by the Animal Control Officer upon the receipt of
completed plans and specifications for said fence prior to
construction.
3.8.5 Gates which form a part of the kennel enclosures shall be:
a. of such height and of such construction as to provide a degree of
safety and rigidity equivalent to or greater than that of required
fence.
b. supported on substantial hinges;
c. self-closing, self-latching with the latching device at the top of
and on the inside of the gate.
-
3.8.6 Maintenance:
a. All fences, wall, gates and entrances forming part of a kennel
enclosure shall be constructed or erected and shall be maintained
at all times to the standards and specifications set out in this By-
Law.
3.9
All kennels operated in the Town shall maintain animals in a clean, secure
and humane manner and shall comply with the following standards:
3.9.1 Animal cages andlor animal houses shall be constructed so as to be
easily cleaned.
3.9.2 All surfaces of yards and runways shall be covered in concrete,
asphalt, fine gravel or other material which can be easily cleaned or
raked.
3.9.3 All doorways and windows and outside openings shall be screened
and provide an effective barrier against the escape of any animal.
3.9.4 All kennels must at all times be maintained in a clean, sanitary
condition.
3.9.5 Excrement, dead animals and other waste resulting from the
operation of a kennel shall be removed daily from the premises in an
environmentally approved manner.
3.10 Any person when applying for a permit under the section shall satisfy the
Animal Control Enforcement Officer that the kennel or proposed kennel
complies with the provisions of this By-Law and such person shall furnish
the Animal Control Officer with all information helshe may reasonably
require and permit the examination of the premises where the kennel is
located or is to be located in order to satisfy the compliance of the kennel
with the provisions of this By-Law.
3.11 Where, in the opinion of the Animal Control Officer, any kennel does not
comply with the provisions of this By-Law or creates or is likely to create a
public health concern, nuisance, or unsanitary condition, the owner of the
kennel shall be required to abate the nuisance or rectify the conditions
within a reasonable period of time after notice in writing to the owner.
* 3.11.1 If the owner fails to abate the nuisance or rectify the conditions
specified by the Animal Control Officer, helshe shall be deemed to
be in contravention of the provisions of this By-Law. If the Animal
Town of Perth By-law 3557
Page6of 14
Control Officer is not satisfied helshe will refer the matter to Council
who, if they concur, may hire a qualified person to advise on the
adequacy of the kennel in question.
3.12 Any kennel permit may be suspended or revoked by Council on the
recommendation of the Animal Control Officer, if in hisher opinion; the
kennel does not comply with the provisions of this By-Law.
3.13 Whenever in this By-Law, any duty is imposed upon the Animal Control
Officer related to the suspension or revocation of kennel permits or the
inspection of kennel premises, the Animal Control Officer, at hisher
discretion, considers that professional advice is necessary or desirable,
helshe may retain the services of a qualified veterinarian authorized to
practice his profession in Ontario to advise himher and to make a report to
himher, to Council, and then the kennel owner. The Animal Control Officer
shall be guided by such professional advice and report. If the required
corrections are not done by the owner, the work will be carried out by the
municipality and collected as taxes on the property.
4. TAG FEES (see schedule "B '7
4.1 The tag fees are as listed in Schedule "B" which may be amended by the
Town fiom time to time.
4.1.1
The tag fees listed in Schedule "B" are not to be interpreted as part
of a release fee. Pound Release and Maintenance Fees shall be determined
by the Animal Shelter and approved by the Town fiom time to time.
5. NOISE
5.1 Every owner of an animal, or a person responsible for the care of an animal,
shall take all reasonable precautions necessary to prevent the animal from
excessive barking or other disruptive behaviour, which disturbs the peace
and quiet of any residence or persons in the vicinity, creating a public
nuisance.
6. ANIMAL BITES
6.1 Every person or owner of an animal shall take all precautions necessary to
prevent the animal fiom, biting or attacking any person or fighting with,
attacking, or biting any animal, domestic animal or domestic fowl, whether
on private or public property.
6.2 When a dog has bitten or attacked a person, or fought with, bitten or
attacked a dog, domestic animal or domestic fowl, the owner shall cause the
dog to remain muzzled or leashed until such time as the incident has been
reviewed by the Animal Control Officer. As a result of his review, if in
hisher opinion, the dog has fought, bitten or attacked without provocation,
the Animal Control Officer may rule that the dog is a vicious dog, and at
hisher discretion, may commence proceedings under the Dog Owner's
Liability Act, whereby at the discretion of the Judge, penalties ranging from
a fine to an order to destroy the dog, may be imposed.
7. VICIOUS ANIMALS
7.1 The owner of a vicious animal shall at all times, when it is not in the owner's
dwelling but otherwise within the boundaries of the owner's lands, be
Town of Perth By-law 3557
Page 7 of 14
secured in one of the following manners so as to prevent the animal from
causing injury to any person, animal, domestic animal, or domestic fowl
entering onto the owners land.
7.1.1 The vicious animal shall be located wholly within a contained area
and any gate in such contained area shall be locked at all times when
a vicious animal is in the contained area.
7.1.2 When the vicious animal is kept in an enclosed run or pen, such run
or pen shall be built in accordance with the information in this By-
Law pertaining to Kennels, except that said run shall be enclosed on
all four (4) sides and its top shall be of material of the same as or
greater strength than that of the sides.
7.1.3 The owner of a vicious animal shall at all times keep the animal
muzzled so as to prevent it from biting a person or animal
7.1.4 The owner of a vicious animal shall at all times keep the animal
securely leashed or chained. The leash shall not exceed 5 metres in
length.
7.2 It is the owner's responsibility to ensure that any person who is left with the
charge of a vicious animal is fully capable of controlling the animal with
strength and knowledge.
7.3 No person shall permit an animal to fight with, threaten, bite, or attack any
person, animal, domestic animal or domestic fowl.
7.4 Every owner of a vicious animal shall, at the time the animal is licensed,
inform the Animal Control Officer that the animal is vicious.
7.5 Immediately upon the transfer of a vicious animal from one owner to
another, the owners shall notify the Animal Control Officer.
7.6 Every owner of a vicious animal shall post a sign in a conspicuous place on
their property stating that there is a vicious animal on the premises.
7.7 If the dog owner fails to comply to any of the above, the Animal Control
Officer may commence proceedings under the Dog Owners Liability Act.
8. CONFINEMENT OF DOGS IN HEAT
8.1 Every female dog, when in heat, shall be kept confined in a building or
secure enclosure or in a veterinary hospital or boarding kennel in such a
manner that such female dog cannot come in contact with another dog
except for previously agreed upon breeding purposes.
9. WASTE
9.1 Every owner of a dog is responsible for removing bio-waste
(excremendfaeces) left by the dog on private or public property owned by
the Town.
9.2 Any person who owns harbours possesses or is responsible for the care and
control of an animal shall remove forthwith bio-waste (excremenufaeces)
left by the animal anywhere in the municipality on public property and
private property, including the owner's property and provide for its' sanitary
disposal.
Town of Perth By-law 3557
Page 8 of 14
9.3 This section shall not apply to the owner of a guide dog while the dog is on
a leash and actively in use in providing assistance to a legally defined
disabled person.
10. ANIMALS RUNNING AT LARGE
10.1 For the purpose of this section, an animal shall be deemed to be running at
large when found straying from the property upon which it is normally kept
and not under the control of any person.
10.2 Every person, or owner of an animal, shall maintain sufficient control of the
animal, so as to prevent the animal from running at large within the
boundaries of the Town.
10.3 Every person, or owner of an animal, who fails to maintain sufficient control
of the animal while off the property of the owner, may be directed by the
Town or agent, to leash or tether the animal.
10.4 The Town or agent may seize any animal running at large in the Town and
cause such animal to be returned to the owner or impounded.
10.5 No dog shall be allowed in any Public Park in the Town unless such dog is
on a leash.
10.6 Animals running at large shall be taken up by the agents of the Town and
impounded in an animal shelter and there confined in a humane manner for
a period of not less than three days (Sundays and Statutory Holidays
excluded) and may thereafter be disposed of in a humane manner if not
claimed by their owner. Animals not claimed by the owner at the expiration
of three days shall become the property of the Town and may be destroyed
or placed for adoption by the Town or through an agency. All reasonable
efforts shall be made to identi6 the animal and noti6 the owner.
10.7 Any owner of an animal that has been seized or impounded shall be required
to pay all impoundment fees prior to release of the animal.
10.8 Any owner of a dog or cat that has been seized or impounded who has not
obtained a dog licence for the current year or registered their cat shall do so
before the animal is released.
10.9 Owners of animals shall remain responsible for all fees and costs. In the
event that the owner doesn't claim hisher animal, costs will be invoiced to
the owner by the Town.
11. ANIMAL PROVISIONS
11.1 KEEPING OF ANIMALS - GENERAL
11.1.1 Every animal shall be:
a) treated in a humane manner, and
b) kept so that:
(i) the transfer of pathogenic agents is minimized; and
(ii) there are no offensive odours, or odours which may attract
animals.
Town of Perth By-law 3557
Page 9 of 14
11.1.2 Every owner of a cat or dog shall have the cat or dog inoculated with
a rabies vaccine at lease once every twelve (12) months and shall
produce evidence of such inoculation at the request of the Animal
Control Officer within seven (7) days.
11.1.3 No animal shall be left unattended in a vehicle
11.1.4 No one shall allow an animal to cause damage to public or private
property.
11.2 ANIMAL ENCLOSURES
11.2.1 Every cage, vehicle or other such enclosure used to confine an
animal shall be so constructed and maintained that:
a) every animal in a cage, pen or vehicle may comfortably;
(i) extend its legs to their full natural extent;
(ii) stand;
(iii) sit;
(iv) lie down in a fully extended position; and
(v) the animal is adequately protected from direct rays of the sun
and excessive heat or cold.
11.2.2 Every pen or other such enclosure used to confine an animal shall be
so constructed and maintained that:
a) every animal may comfortably;
(i) extend its legs to their full natural extent;
(ii) stand;
(iii) sit;
(iv) lie down in a fully extended position; and
(v) the animal is adequately protected from direct rays of the sun
and excessive heat or cold.
(vi) be provided with adequate space for exercise purposes. The
length of chain for tethering purposes shall be a minimum of
three (3) meters.
12. PROHIBITION - ANIMALS, EXOTIC AND WILD ANIMALS
12.1 Animals
12.1.1 No person or household shall keep more than two dogs, or two cats,
or one dog and one cat, or a total combined of three animals in or
about any dwelling unit. This total shall include all licensed,
registered and non-registered animals.
12.2 Exotic and wild animals.
Town of Perth By-law 3557
Page 10 of 14
12.2.1 No person shall keep any wild or exotic animals within the limits of
the Town of Perth, unless such animal has been domesticated and the
facilities for keeping of same have been inspected for public safety
by the Animal Control Officer. It shall be the responsibility of the
owner of a wild or exotic animal which has been domesticated to
contact the Animal Control Officer for inspection and written
approval.
13. CONTROL AND SALE OF YOUNG OR DISEASED ANIMALS
13.1 When an animal is known to have bitten a person, the Medical Officer of
Health may order the agent for the Corporation of the Town of Perth to
confine the animal under supervised quarantine for a period not to exceed
ten (10) days in accordance with the Public Health Act.
13.1.1 Any animal suspected of being rabid, shall be placed in quarantine
where possible, pending its disposition by the Food Production and
Protection Branch of Agriculture Canada.
13.1.2 When an animal is seized, impounded or destroyed under the
provisions of this section, no damages or compensation shall be
recoverable by the owner thereof.
13.2 No person shall;
13.2.1 knowingly sell any diseased animal;
13.2.2 sell or give away any animal under the age of 6 weeks.
13.2.3 display any animal unless such animal is adequately protected from
drafts, direct rays of the sun, excessive heat or cold and ample space
is provided.
13.2.4 sell or give to any person under sixteen (16) years of age, any animal
unless with the expressed consent of the child's parent(s) or legal
guardian(s); or
13.2.5 sell or keep for sale any wild animal or bird.
14. CATS
14.1 The animal control officer, upon receiving a complaint regarding cats, shall
have the authority to investigate the complaint and if the cat is found to be
damaging private property or attacking people, domestic fowl or other
domestic pets, the owner may be fined the amount listed under Section 17
Violations and Penalties and Schedule "A" Penalties and Fines.
15. INTERFERENCE
15.1 No person shall interfere with, hinder or molest any agent of the Corporation
in the performance of any duty as such agent.
16. ADMINISTRATION
16.1 This By-Law shall be administered by the Municipal Animal Control
Officer, and other employees as designated by the Town.
Town of Perth By-law 3557
Page 11 of 14
17. VIOLATIONS AND PENALTIES
17.1 Every person who contravenes any provision of this By-Law is guilty of an
offence and upon conviction is liable to a fine of not more than $5,000.00,
as set out in the Provincial Offences Act, R.S.O. 1990, Chapter P.33.
17.2 Upon registering a conviction for a contravention of any provision of this
By-Law, the Ontario Court, Provincial Division, may in addition to any
penalty imposed by this By-Law make an order prohibiting the continuation
or repetition of the offence by the person convicted.
17.3 Penalties and set fines for the violation of this By-Law are as set out in
Schedule "A" attached hereto and forming part of this By-Law.
18. VALIDITY
18.1 If any section, clause or provision of this By-Law, including anything
contained in any Schedule attached hereto, is for any reason declared by a
court of competent jurisdiction, to be invalid, the same shall not affect the
validity of the By-Law as a whole or any part thereof, other than the section,
clause or provision so declared to be invalid and it is hereby declared to be
the intention that all the remaining sections, clauses or provisions of the By-
Law shall remain in full force and effect until repealed, not withstanding
that one or more provisions thereof shall have to be declared invalid.
18.2 This By-Law shall come into force and take effect on the day it passed.
19. SHORT TITLE
19.1 This by-law may be cited as the Animal Control By-law.
20. PREVIOUS BY-LAWS
20.1 By-law 2 156 and amending by-laws 2 182,2 199,2882 and any other
previous by-law inconsistent with the provisions of this by-law is hereby
rescinded.
Read a first time, second and third time and finally passed this the 25th day of May,
2004.
Dennis Cordick, Mayor
Lauren %&ton, Clerk
(Seal)
Town of Perth By-law 3557
Page 12 of 14
BY-LAW NO. 3557
SCHEDULE "A"
SET FINES
(SET FINES PER PART 1 OF THE PROVINCIAL OFFENCES ACT)
The sums to be paid as set fines are as follows:
NOTE: The general penalty provision for the offences listed above is section 61 of the Provincial
Offences Act, RS.0.1990, c. P. 33.
Town of Perth By-law 3557
Page 13 of 14
Item
1
2
3
4
5
6
7
8
9
10
1 1
12
13
14
15
16
17
18
Column 2
Provision Creating
or Defining Offence
s. 2.1.1
s. 2.1.8
s. 2.2.2
s. 2.2.9
s. 3.1
s. 5.1
s. 7.1.3
s. 7.1.4
s. 9.1
s. 9.2
s. 10.2
s. 10.5
s. 11.1.2
s.11.1.3
s. 1 1.1.4
s. 11.2.l.a)~
s. 12.1.1
s. 12.2.1
Column 1
Short Form Wording
Own/keep/harbour dog without a tag
Place tag on dog issued for a different dog
Own/keep/harbour cat without a tag
Place tag on cat issued for different cat
Person operating a kennel without a permit
Allow animal to be a public nuisance
Fail to keep a vicious animal muzzled
Fail to keep vicious animal leashed
Fail to remove bio-waste, left by a dog, from public or
private property
Fail to remove bio-waste, left by an animal, from public or
private property
Allow animal to run at large
Fail to keep dog leashed in public park
Fail to provide evidence of rabies inoculation
Animal left unattended in vehicle
Allow animal to cause damage to public or private property
Fail to protect an animal from excess heat or cold
Keep or harbour animals
Keep or harbour wild or exotic animals
Column 3
Set Fine
(Includes costs)
$ 30.00
$30.00
$30.00
$30.00
$105.00
$ 75.00
$105.00
$l05.00
$ 75.00
$ 75.00
$75.00
$105.00
$ 30.00
$1 05.00
$75.00
$75.00
$ 75.00
$ 75.00
BY LAW NO. 3557
SCHEDULE "B"
TAG FEES
Annual Tag Fees shall be as follows:
DOG TAG FEE ................................... $15.00 per year
$30.00 after April 1st.
CAT TAG FEE ................................... $15.00
IMPLANTED DOGSJCATS .............. $N/C (proof of implant must be provided)
REPLACEMENT DOG TAG ............. $5.00
GUIDE DOG TAG .............................. $ N/C
KENNEL PERMIT FEE .................... $100.00 per year
(April 1 - March 31 of the following year)
.............
AGGRESSIVE ANIMAL..
$1,000.00
Delinquent licence fees will be charged at double the above rates. The tag fees are not to
be interpreted as part of a release fee. Pound release and Maintenance Fees shall be
determined by the Animal Shelter and approved by the Town from time to time.
Town of Perth By-law 3557
Page 14 of 14
THE HONOURABLE BRUCE E. MACPHEE
REGIONAL SENIOR JUSTICE
EAST REGION
ONTARIO COURT OF JUSTICE
COURT HOUSE
161 ELGlN STREET, 6TH FLOOR
OTTAWA, ONTARIO
K2P 2L1
L'HONORABLE BRUCE E. MACPHEE
JUGE PRINCIPAL REGIONAL
REGION DE VEST
COUR DE JUSTICE DE L'ONTARIO
TELEPH0N.E !TELEPHONE (613) 239-1520
FAX 1 TELECOPIEUR (61 3) 239-1 572
July 12,2004
Ms Lauren Walton, Clerk
The Corporation of the Town of Perth
80 Gore Street East
Perth, Ontario
K7H 1H9
Dear Ms Walton,
Re:
Set Fines - Provincial Offences Act - Part I
Town of Pertlz
Enclosed herewith is a copy of an Order and a copy of the schedule of set fines for By-law No.
3557, the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the validity of the By-law or of the
short form of wording used to describe the offences.
I have forwarded the original Order and the schedule of the set fines to the Honourable Mr.
Justice S.A.J. March in Perth, together with a certified copy of the By-law.
K['-
Regional senior Justice
Enclosures
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the schedules of offences under the Provincial Statutes and
Regulations thereunder and Municipal By-law No. 3557 of the Town of Perth
attached hereto are the set fines, including costs, for those offences. This Order is
to take effect July 12,2004.
Dated at Ottawa this 12" day of July 2004.
Ontario Court of Justice
I
East Region