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CORPORATION OF THE TOWN OF PETROLIA
BY-LAW NUMBER 24-2015
A BY-LAW TO PROVIDE REGULATION, RESTRICTION AND
PROHIBITION OF DOGS AND ANIMALS IN THE TOWN OF PETROLIA
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 11, as amended,
municipalities have the authority to pass by-laws with respect to animals;
NOW THEREFORE the Council of the Corporation of the Town of Petrolia enacts as
follows:
PART 1
DEFINITIONS
1.1
Definitions.
In this by-law:
(a)
Animal Control Officer - defined
"Animal Control Officer" shall mean a person(s) appointed by the Town, whose
duties include the enforcement of this by-law.
(b)
Council - defined
"Council" shall mean the Council of the Town of Petrolia
(c)
Dangerous Dog - defined
"Dangerous Dog" means any dog:
(i)
that has bitten or injured a human being or domestic animal; or
(ii)
That has been threatening or aggressive towards a human being
or domestic animal.
(iii)
Pit bulls
(d)
Dog - defined
"Dog" shall mean a male or female dog over the age of three (3) months.
(e)
Domestic Animal - defined
"Domestic Animal" shall mean an animal that has been domesticated by
humans so as to live in a tame conditions and depend on human kind for
survival. A relatively docile animal kept as a pet.
(f)
Dwelling Unit - defined
"Dwelling Unit" shall mean a single room or series of rooms of complementary
use which are located in a building in which food preparation, eating, living,
sleeping and sanitary facilities are provided for the exclusive use of the
occupants thereof; which has a private entrance directly from outside the
building or from a common hallway or stairway inside the building; and in
which occupants have access to all the habitable areas and facilities of the unit.
(g)
Guard Dog - defined
"Guard Dog" shall mean a dog used for security purposes on land legally used
for industrial or commercial purposes.
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(h)
Hunting - defined
"Hunting" shall mean lying and waiting for, searching for, being on the trail of,
pursuing, chasing or shooting at wildlife, whether or not the wildlife is killed,
injured, captured or harassed, and does not include trapping.
(i)
Kennel - defined
"Kennel" shall mean a lot, building, structure or establishment in which three
(3) or more dogs are housed, boarded or bred.
(j)
License agent - defined
"License agent" shall mean a person appointed by Council to issue dog licenses.
(k)
License issuer - defined
"License issuer" shall mean the Licensing Officer for the Town of Petrolia
(l)
Municipality - defined
"Municipality" shall mean the Town of Petrolia
(m)
Owner - defined
"Owner" includes a person who keeps, possesses or harbors a dog and where the
owner is a minor the person responsible for the custody of the minor.
(n)
Person - defined
"Person" includes any physical or corporate entity, partnership or any
association and the heirs, executors, administrators, successors and assigns or
other legal representative thereof to whom the context may apply.
(o)
Pet Shop - defined
"Pet Shop" shall mean an establishment engaged in the retail sale of animals.
(p)
Pet Shopkeeper - defined
"Pet Shopkeeper" shall mean a person who has the charge, care or ownership of
a pet shop.
(q)
Pound - defined
"Pound" means premises, regulated under the Animals for Research Act, that
are used for the confinement maintenance or disposal of animals that have to be
impounded pursuant to this by-law.
(r)
Pound keeper - defined
"Pound keeper" shall mean a person appointed by Town of Petrolia to act in the
capacity of Pound keeper.
(s)
Premises - defined
"Premises" includes the entire lot on which a building may or may not be
situated.
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(t)
Restrained - defined (Dangerous Dog)
"Restrained" means being kept inside a building or house or in an enclosed pen
of sufficient dimension and strength to be humane and secure so as to prevent a
dog from coming in contact with or making a real and substantial threat of
attack on a person other than the owner of the dog, or invitee of the owner, and
includes keeping such dog securely on a leash of not more than 2 meters in
length when outside of such building, house or enclosed pen.
(u)
Running at large - defined
"Running at large" shall mean to be found in any place other than the premises
of the owner of the domestic animal and not either under the physical control of
any person on a leash.
(v)
Reptile or Wild Animal (Exotic)
"Wild Animal" means any animal or reptile which is wild by nature whether
born in captivity or free and which is kept for any purpose.
(w)
Municipal Law Enforcement Officer - defined
"Municipal Law Enforcement Officer" means any person employed as By-Law
Enforcement Officer, OPP or by the Humane Society of Ontario.
PART 2
EXEMPTIONS
2.1
Animal hospital-clinic-kennel-registered
This by-law shall not apply to an animal hospital, clinic or kennel, lawfully
operated for the exclusive purpose of treating sick or injured animals, and
supervised by a veterinarian who is a registered member of the Ontario
Veterinary Association.
2.2
Ontario Society for the Prevention of Cruelty to Animals
This by-law shall not apply to the Ontario Society for the Prevention of Cruelty
to Animals.
2.3
Pound
This by-law shall not apply to a pound.
2.4
Pet Shop
This by -law shall not apply to pet shops.
2.5
Zoos-fair-exhibitions-circuses-authorized
This by-law shall not apply to dogs maintained in a zoo, fair, exhibition, dog
show or circus operated or licensed by a municipal or other governmental
authority.
2.6
Service Dogs
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This by-law shall not apply to police service dogs or other specially trained dogs
used for investigative purposes while under the ownership of any police service
or other federal, provincial, or municipal agency.
2.7
Research Facility - registered
This by-law shall not apply to dogs maintained at a research facility registered
under the Animals for Research Act.
PART 3
KEEPING OF DOGS AND DOMESTIC ANIMALS
3.1
Maximum - 2 per premises
No person shall keep more than 2 dogs in any one dwelling unit or on any
premises.
3.2
More than 2 dogs per premise
Notwithstanding Section 3.1 any person owning more than two (2) dogs on the
day prior to this by-law coming into effect is permitted to maintain those dogs
with proof of ownership in the form of a license provided that if the dogs should
be sold or otherwise go out of the owners possession, they are not permitted to
be replaced beyond a limit of two (2) dogs per dwelling unit.
3.3
Kennels-registered
No Kennels are permitted within the Town of Petrolia Limits
3.4
Guard Dogs-industrial-commercial premises
Notwithstanding section 3.1 of this by-law, more than two (2) guard dogs may
be licensed for lawfully used industrial or commercial premises.
3.5
Excrement-removal-disposal-sanitary-immediate
Every owner of a domestic animal shall remove forthwith and sanitarily dispose
of excrement left by the domestic animal anywhere in the Town of Petrolia.
3.6
Trespassing-without consent-prohibited
No person shall permit a domestic animal to enter upon the private property of
another person or to remain on the private property of another person without
the property owner's consent.
3.7
Running at large-prohibited
No owner of a domestic animal shall permit the domestic animal to run at large
or fail to prohibit the domestic animal from running at large.
3.8
Keeping of Dangerous Dogs
(i)
When a dangerous dog is off its owner's property the owner shall:
(a)
ensure the dog is muzzled in a humane manner at all times
(b)
ensure the dog is on a leash not longer than one (1) meter; and
(c)
ensure the dog is under the control of a person over the age of
eighteen.
(ii)
When a dangerous dog is on its owner's property the owner shall:
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(a)
ensure the dog is securely confined indoors or in a locked pen
that meets the following standards:
1.
The pen shall be suitable to prevent the escape of the
dangerous dog and capable of preventing the entry of any
person not in control of the dog.
2.
The pen must have minimum dimensions of two (2)
meters and must have secure sides and secure top.
3.
If the pen has no bottom secured to the sides, the sides
must be embedded into the ground no less than thirty (30)
centimeters deep.
4.
The pen shall also provide protection from the elements
for the dog.
5.
The pen shall not be within three (3) meters of the
property line or within three (3) meters of a neighbouring
dwelling unit.
3.9
Dangerous Dogs
Any dog that has bitten a person or domestic animal must be kept in
quarantine for 14 days at the Veterinarian, Humane Society or the Animal
Control Shelter in Glencoe, all at the owner's expense.
The Municipality may humanely destroy the impounded dangerous dog if it
determined by an official/Veterinarian to be in the interest of public Safety
and Health.
No person shall keep the following breed of dog within the limits of the
Town of Petrolia:
o Pit bulls
o or any dog that has bitten a person or domestic animal.
All dogs of a Pit-bull breed that reside within the Town of Petrolia before
the inception date of By-Law 10-2009 (9th day of February) will be
grandfathered. AND will have to abide by section 3.8 of this by-law for the
keeping of a dangerous dog.
3.10
Owner's Responsibilities
(i)
No owner of a dog shall fail to prevent his or her dog from:
(a)
threatening, biting, or attacking any person;
(b)
threatening, biting, or attacking any domestic animal; or
(c)
damaging public or private property.
(ii)
No owner of a dog shall use a chain as a means of confinement.
PART 4
LICENSING
4.1
Licensing Agent-appointed-authorized
The Council shall appoint a licensing agent or agents for the Municipality and
every such license shall be executed on behalf of the Municipality.
4.2
Registration-information-requirements
The license agent shall keep a record showing the following dog license
registration information:
(a)
name any address of dog owner;
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(b)
serial number of tag;
(c)
date of registration;
(d)
description of dog;
(e)
breed of dog;
(f)
record of rabies vaccination;
(g)
amount of fee paid upon registration.
4.3
Application-license-description-fee
Every license application shall be accompanied by the following:
(a)
description of dog including color, breed and name;
(b)
proof of rabies vaccination;
(c)
applicable fee.
4.4
License-annually
Every owner shall cause his/her dog to be licensed annually and every owner shall
re-new the license annually.
4.5
Expiry-annual-December 31
Every license issued by the license agent shall expire on the thirty-first day of
December of the year for which it is issued and shall be renewable yearly.
4.6
a) Tag-serial number-issued-upon payment of fee
Upon payment of the applicable fee(s), the owner shall be furnished with a dog tag
bearing the serial number, the year for which it was issued.
b) Tag-affixed-securely-to dog-at all times
The tag shall be fixed securely on the dog for which it was issued at all time until
such time as the tag is renewed or replaced.
c) Tag-replacement-where lost
Where a tag has been lost, an application shall be made to the license agent for a
replacement tag at a minimal fee.
The application shall be accompanied by proof that the current year's license fee
has been paid.
d) Tag-removal
No person shall, within the Town of Petrolia, unlawfully remove a dog tag from a
licensed dog.
e) Ownership-change in-failure to notify
Every owner shall notify the license agent upon the change in ownership of a
licensed dog.
PART 5
KENNELS
5.1
No person shall keep a dog kennel within the Town of Petrolia. If a person is
found to have a kennel within the Town of Petrolia, the kennel shall be closed
immediately by the municipality and the owner can face fines under this by-law.
PART 6
REPTILE AND WILD ANIMALS (EXOTIC) - KEEPING
6.1
No person shall keep any venomous snake or venomous reptile, wild animal or
exotic pet outlined below within the limits of the Town of Petrolia:
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Alligators
Cougars
Coral Snakes
Crocodiles
Jaguars
Bobcats
Boas
Leopards
Ocelots
Pythons
Lions
Tigers
Rattle Snakes
Lynx
Foxes
PART 7
FEES
7.1 Fees
The license fees to be paid to the Town of Petrolia shall be as set out in Appendix
"B" attached hereto to this By-law.
7.2 Guide dogs-hearing ear dogs-handicap-aid dogs-police service dogs exempted
Guide dogs within the meaning of the Blind Persons' Rights Act, hearing ear dogs,
handicap-aid dogs and police service dogs, are exempt from the payment of all
license fees applicable pursuant to this by-law.
7.3 Pound fees-payment-proof of ownership-required
Where a dog is claimed from the Pound keeper, the owner shall provide proof of
ownership of the dog, as well as proof of payment for a current dog license, and
pay the Pound keeper the applicable maintenance charges prescribed, and any
other damages, fines and expenses according to law.
PART 8
IMPOUNDING
8.1 Seizure - impounding
The Pound keeper shall impound any dog seized by him or delivered to him by a
police officer or Animal Control Officer.
8.2 Claim - within 72 hours-release
The owner or keeper of a dog impounded for being at large shall be entitled to
redeem such dog with 72 hours from the time of impoundment, exclusive of the
day of impoundment, statutory holidays, and days during which the pound is
otherwise closed, upon paying the Pound keeper the applicable maintenance
charges prescribed, and any other damages, fines and expenses according to law.
8.3 Owner to claim dog - before disposal
The owner of a dog that has been impounded may, upon application to the Pound
keeper, claim the dog before the Pound keeper is entitled to dispose of the dog
according to the provisions of section 8.4 of this by-law.
8.4 Disposal - dog - not claimed - Pound keeper - discretion
Where a dog that is impounded is not claimed by the owner thereof within the
redemption period specified under this by-law, the Pound keeper may retain the
dog for such further time as he may consider proper and during that time the
Pound keeper may:
(a)
sell the dog for such price as he may consider proper;
(b)
euthanize the dog;
(c)
dispose of the dog in accordance with the Animals for Research Act.
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8.5 Euthanasia - for humane/safety reasons
Where a dog that is captured or taken into custody is injured or in the opinion of
the Pound keeper, should be destroyed without delay for humane reasons or for
reasons of safety to persons or animals, the Animal Control Officer or other
trained person appointed by the Pound keeper, may euthanize the dog in a humane
manner as soon after capture or taking into custody as he may determine, and may
do so without permitting any person to reclaim the dog or without offering it for
sale.
8.6 Euthanasia - dangerous dog - running at large
In the opinion of an Animal Control Officer, where a dog cannot be captured and
where the safety of persons or animals are endangered, the Animal Control Officer
may euthanize the dog and no damages or compensation shall be recovered by the
owner of the dog for said destruction.
8.7 Veterinary services-required-payable by owner
Where a dog is captured or taken into custody, and the services of a veterinarian
are secured by the Pound keeper, the Town of Petrolia shall pay to the Pound
keeper all fees and charges of the veterinarian in addition to all other fees and per
diem charges payable under this by-law, whether the dog is alive, dies or is
euthanized.
8.8 Compensation - to dog owner - prohibited
No compensation, damages, fees or any other sum of money on account of or by
reason of the impounding, euthanasia or other disposal of the impounded dog in
the course of the administration and enforcement of this by-law shall be:
(a)
recovered by any owner or other person; or
(b)
paid by the Town of Petrolia.
PART 9
ENFORCEMENT
9.1 Penalty
Any person who contravenes any provisions of this by-law is guilty of an offence
and is liable, upon conviction, to the maximum penalty as prescribed by the
Provincial Offences Act, as amended from time to time, and all such penalties and
costs may be recovered under the Provincial Offences Act, as per Appendix "A"
attached hereto to this By-law.
PART 10
TRANSITION
10.1 Every license issued pursuant to By-law 24-2015 shall be deemed to be a license
issued under this by-law and every such license shall continue to be valid until its
normal date of expiry.
10.2
Every act taken pursuant to the predecessor to this by-law shall, as necessary, be
deemed to have been taken pursuant to this by-law and every such act may be
carried to its conclusion pursuant to the authority granted by this by-law.
10.3 If an act has been validly commenced pursuant to the predecessor to this by-law
and authority for such act does not exist pursuant to this by-law then such act may
be continued to its conclusion and the portions of the predecessor to this by-law
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necessary to permit such act to be concluded shall be deemed to remain in effect
for the purposes of bringing such act to a conclusion.
PART 11
REPEAL-ENACTMENT
1) THAT this By-law shall come into force and effect on the day it is finally
passed.
2) AND THAT all By-Laws and motions of Council found to be inconsistent
with the Provisions found in this By-Law including 10-2009 shall be and are
Hereby Repealed.
By-Law Read a First and Second this 27th day of April, 2015.
By-Law Read a Third Time and Finally Passed this 27th day of April, 2015
_____________________________
John McCharles
Mayor
_____________________________
Manny Baron
CAO/Clerk
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TOWN OF PETROLIA
Appendix "A" to By-law 24-2015
SET FINE SCHEDULE
PART 1 Provincial Offences Act
Being a By-law to Provide Regulation, Restriction and
Prohibition of Dogs and Animals
In the Town of Petrolia.
Item
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or defining
offence
COLUMN 3
Set Fine
1.
Having more than two
dogs per residence
Section 3.1
$250.00
2.
Failure to remove
domestic animal
excrement from
municipal property
Section 3.5
$150.00
3.
Trespassing of a
domestic animal on
private property
Section 3.6
$150.00
4.
Permitting a domestic
animal to run at large
Section 3.7
$250.00
5.
Failure to ensure dog is
muzzled in a humane
manner at all times
Section 3.8 (i) (a)
$500.00
6.
Failure to ensure dog is
on a leash not longer than
one (1) meter
Section 3.8 (i) (b)
$500.00
7.
Failure to ensure dog is
under the control of a
person over the age of
eighteen
Section 3.8 (i) (c)
$500.00
8.
Failure to ensure the dog
when on its owner's
property is confined
indoors or in a locked
pen
Section 3.8 (ii) (a)
$500.00
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9.
Failure to prevent or
allow a dog to bite or
attack a person
Section 3.10 (i) (a)
$500.00
10.
Failure to prevent or
allow a dog to bite or
attack a animal
Section 3.10 (i) (b)
$500.00
11.
Failure to renew dog
license
Section 4.4
$250.00
12.
Failure to register a dog
for a license
Section 4.4
$350.00
13.
Keep Kennel in the Town
of Petrolia
Section 5.1
$500.00
14.
Keep Reptile and/or Wild
Animal
Section 6.1
$500.00
Penalty provision for the offences indicated above as s. 9.1 of
By-Law 24 of 2015; a certified copy of which has been filed.
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TOWN OF PETROLIA
Appendix B
Schedule of License Fees
License Fee:
First Dog
$30.00
Second Dog
$60.00
After January 31st in any year,
License Fee is subject to a 50% surcharge,
plus fine if applicable.
Replacement Tag
$ 5.00
Guide Dogs & Service Dogs
No Charge
Tag Exchange
No Charge
(New residents will be issued a tag if their current tag was purchased from their
previous municipality. Tag must not have expired and must be returned to the Town of
Petrolia to be eligible for exchange.)