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The Gorporation Of The Gity Of Quinte West
By-Law l5-034
Being A By-Law To Provide For The Licensing And Control Of Dogs And
For Prohibiting or Regulating The Running At Large of Dogs ln The Gity of
Quinte West.
Whereas Sections 11 , 103 and 105 of the Municipal Act, 2001 , S.O. 2001 , c. 25,
as amended authorizes the council of a municipality to pass by-laws with respect
to animals.
AND WHEREAS the Council of the Corporation of the City of Quinte West
deems it expedient to pass a by-law for this purpose;
Now Therefore Be lt Enacted By The Gouncil For The Gorporation Of The
Gity Of Quinte West As Follows:
1.
This By-law shall be entitled the "Dog Licensing and Control By-law"
2.
Definitions:
2.1 ln this by-law,
"agricultural property" shall mean a property that is zoned for
agricultural use in the zoning by-law that applies to the property;
"animal" shall mean any member of the animal kingdom, other than a
human;
'oanimal shelter" and "shelter" shall mean a premises where
abandoned, lost or rescued animals are sheltered or boarded for the
purposes of adoption or claiming, but shall not include an animal clinic
or kennel;
"at large" and "being at large" shall mean found in any place other
than the premises of the owner of the dog and not under the direct
control of any person, and for greater certainty, includes any case
where a dog has strayed from its permanent or temporary owner or
their premises onto a public place or onto private property without the
consent of the property owner, and "running at large" shall have the
same meaning;
"breeder" shall mean a person who operates a kennel, who breeds
purebred and/or mixed breed dogs on his or her property;
onGity" and "Gity of Quinte West" shall mean The Corporation of the
City of Quinte West, as incorporated on January 1 , 1998;
'oClerk" shall mean the City Clerk of the Corporation of the City of
Quinte West;
"Council" and "Gity Council" shall mean the Council of the City of
Quinte West;
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"dangerous dog" shall niean any of the following;
a) a dog that, in the absence of any mitigating factor has attacked,
bitten or caused injury to a person or has demonstrated a
propensity, tendency or disposition to do so,
b) a dog that, in the absence of any mitigating factor, has significantly
injured a domestic animal,
c) a dog, previously designated as a dangerous dog, that is kept or
permitted to be kept by its owner or guardian in violation of the
requirements of such dog,
d) a dog that is attack trained
"dog" shall mean a male or female dog, whether neutered, spayed or
intact;
"domestic animal" shall mean a dog, cat or other animal that is
normally kept as a household pet;
"domestic fowl" shall mean and include chickens, geese, ducks,
turkeys and other such poultry and the young thereof, and also
includes game birds as defined in the Fish and Wildlife Conservation
Act;
"dwelling unit" shall mean a residential use that functions as a
housekeeping unit used or intended to be used as a domicile by one or
more persons under a single tenancy containing cooking, eating, living,
sleeping and sanitary facilities; and having a private entrance from
outside the building or from a common hallway or stairway inside or
outside the building;
"guard dog" shall mean a dog used for security purposes on land
legally used for industrial or commercial purposes;
"keep" shall mean to have temporary or permanent custody or control
of an animal, and n'keeps" and "kept" have corresponding meanings;
"kennel" shall mean premÍses in which six (6) or more dogs over 12
weeks of age are housed, boarded or bred;
(i)
a o'boarding/fostering kennel" shall mean a kennel in
which the predominant activity consists of the raising,
boarding or training of dogs;
(ii) A "breeding kennel" shall mean a kennelwhere dogs are
bred and raised and registered as a recognized class or as a
class designated as "purebred" in the regulations of a
nationally recognized breeding or kennel club or where
"mixed breed" dogs are bred and raised;
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(iii) a 'orecreational kennel" shall mean a kennelwhere dogs
are kept for sport or show purposes and are not for profit, i.e
hunting dogs, show dogs, performance dogs.
'oleashn' shall mean a device used to lead or restrain a dog, not to
exceed two (2) meters in length, while it is being transported from
place to place outside of a cage;
"leashed" shall mean a restraining device securely attached to the
dog and the person or object, not exceeding two (2) meters in length;
"minor" shall mean a person who has not attained the age of eighteen
years;
'omixed breed" shall mean a dog that belongs to no one recognized
breed, resulting from the crossing of different breeds or a dog of
indeterminate breed;
"Municipal Law Enforcement Officer" shall mean a Police Officer,
an Animal Control officer, a Municipal Law Enforcement officer for the
City of Quinte West, or any one working under his/her authority;
"muzzle" shall mean to place a humane fastening or covering device
over the mouth of a dog that is of adequate strength to prevent it from
biting, and "muzzled" and "muzzling" have corresponding meanings;
"owner" shall mean, and includes any person who possesses,
harbours or keeps an animal and, where an owner is a minor, includes
the person who is responsible for the custody of the minor;
"property" shall mean a parcel of land and any buildings or other
structures on the land;
"purebred" shall mean
(1) registered or eligible for registration in the register of the
Canadian Kennel Club, lncorporated, or other recognized
authority;
(2) recognized as such pursuant to the Animal Pedigree Act
(Canada); or
(3) American Field Sporting Dog Association
"Kinsmen Gommunity Dog Park" shall mean the fully enclosed
fenced area as located within Hannah Park where a dog owner is
permitted to allow their dog to be off leash;
"mitigating factor" shall mean a circumstance that excuses
aggressive behaviour of a dog and without limiting the generality of the
foregoing, may include circumstances where:
a) the dog was, at the time of the aggressive behaviour, acting in
defence to an attack from a person or a domestic animal;
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b) the dog was, at the time of the aggressive behaviour, acting in
defence of its young or reacting to a person or domestic animal
trespassing on the property of the owner;
c) the dog was at the time of the aggressive behaviour, being teased,
provoked or tormented.
"rural area" shall mean any area not identified as an Urban Area;
'oseryice dog'n shall mean a dog that has been certified by a nationally
recognized organization or association in providing assistance to a
person by means of guiding, hearing or providing the necessary
emotionaltherapy to a person with a disability or impairment.
"under the control of its owner" shall mean, in the case of an dog,
being kept on a leash or lead or being physically restrained by some
other effective method by its owner or by another person acting on the
owner's behalf having at all times the ability to manage, direct, restrict
and restrain the movements of the dog;
n'urban area" shall mean those areas designated Urban Planning
District and Urban Future Development Area on Schedule A to the
Official Plan for the City of Quinte West;
"veterinarian" shall mean a person licensed under the Veterinarians
Act;
'nveterinary hospital or clinic" shall mean premises operated under
the supervision of a veterinarian for the medical treatment of animals;
nowaste" shall mean:
(1) waste matter sent out from the body (excrement) or
(2) a solid waste matter sent from the body (feces)
"zoning by-law'n shall mean a by-law passed under Section 34 of the
Planning Act that restricts the use of land.
3.
Application
3.1 Except as othenruise provided, the regufations established by this
by-law apply to all dogs within the boundaries of the City of Quinte
West and to the owners of such dogs.
4.
Administration:
4.1
The Corporation of the City of Quinte West is responsible for the
administration and enforcement of this by-law.
Procedure for Licensing of Dogs
Every owner of a dog within the limits of the City shall procure,
annually, and by the first day of January in each year, a dog
licence for each dog owned by him/her.
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4.2
4.3
Every person who becomes the owner of a dog shall within ten
days of becoming the owner, register and licence the dog at the
office of the Corporation.
4.4
Every dog licence issued pursuant to this By-law shall expire on the
3lttdayof Decemberof theyearin respectof which itwas issued.
Applications for Kennel Licences
4.5
Kennel licences shall be distinguished by the following
classifications:
1.
boarding/fostering kennel
2.
breeding kennel
3.
recreational kennel
4.6
Every application for a kennel licence shall be submitted to the
Clerk on the form provided by the Licencing Officer, together with
the annual licence fee. An applicant shall indicate the kennel
classification for which the licence is being obtained. Every kennel
licence issued pursuant to this By-law shall expire on the 31't day of
December of the year in respect of which it was issued. Application
for kennel licence renewals shall be directed to the Licencing
Officer. Any renewed kennel licence shall expire on the 31't day of
December of the year in respect of which it was issued.
4.7
Every application for a kennel licence will be reviewed by the Clerk
to determine whether it meets the requirements of this by-law and,
as part of this review, will be circulated to the Planning Dept., Fire
Dept., Health Unit, and a Municipal Law Enforcement Officer for
comments.
4.8
Reviewing agencies and individuals, as part of their review for a
kennel licence, may require an inspection of the property, other
than a room or place used as a dwelling.
4.9
lf it is determined that an application meets the requirements of this
by-law, the City will issue the kennel licence if the licence fee has
been paid.
4.10 lf it is determined that an application does not meet the
requirements of this by-law, the City will refuse to issue the kennel
licence and will refund the licence fee.
4.11 lf, at any time, the City determines, as a result of evidence that is
provided, that the operation of a kennel or the activities of a breeder
do not conform with the requirements of this by-law, it may suspend
or revoke the kennel licence.
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4.12 A person whose application for a kennel licence or application for
renewal of such a licence has been refused or whose kennel
licence has been suspended or revoked may, within fifteen days of
being notified of the City's decision, submit an appeal, in writing, to
the Clerk for a review of the matter.
4.13 A person who has applied for a review of the city's decision shalr
be given an opportunity to make written representations or to
appear before the Corporate and Financial Services Committee
when the matter is reviewed.
4.14
The Corporate and Financial Services Committee shall review the
matter and may affirm the decision of the City or direct it to issue,
renew or reinstate the kennel licence.
4.15 Decisions of The Corporate and Financial Services Committee are
final.
Additional Fees
4.16 Every owner of a dog, every breeder and every person operating a
kennel who does not pay the applicable annual fee for the renewal
of the kennel licence by January 31st of each year shall be required
to pay a penalty for late payment, as set out in Schedule C of the
Consolidated Fees By-law, in addition to the kennel licence fee.
Procedures Regarding lmpounded Dogs
4.17 The animal shelter shall keep a record of every dog that has been
impounded, including its date of impoundment, description,
registered number or other means of identification, if any, date of
disposition, and method of disposition.
4.18 The owner of an impounded dog or a person acting on the owner's
behalf may, within five business days, recover the dog during the
hours when the shelter is open to the public and, in order to do so,
shall be requíred to pay the full amount of the administrative fee, as
set out in Schedule C of the Consolidated Fees By-law, the fee
established by the shelter for the period that the animal has been in
the shelter, and the full amount of any emergency veterinary
medical care that was required by the dog.
4.19 lf a dog that has been impounded is not registered in the City's
animal identification system, the owner or person acting on the
owner's behalf shall be required to pay the applicable annual dog
licence fee, as set out in Schedule C of the Consolidated Fees By-
law, in order to recover the dog from the shelter.
5.
Regulations:
Dog Registration
No owner of a dog that has reached the age of twelve (12) weeks
shallfail to obtain a dog licence in accordance with this by-law.
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5.1
5.2
Upon payment of the applicable annual dog licence fee, as set out
in Schedule C of the Consolidated Fees By-law, a dog shall be
included in the animal identification system by means of issuing a
tag with the registered number of the dog or by another means of
identification that is adopted by the City.
5.3
The owner shall keep the City issued tag securely fixed on the dog
at all times until the tag is renewed or replaced.
5.4
No person shall affix a dog tag upon a dog other than that for which
it was issued.
5.5 A dog licence is valid for one year only, and shall be renewed by
December 31't of each year by paying the applicable annual ricence
fee.
5.6
No person shall keep or permit to be kept at any one time more
than three (3) dogs per dwelling unit or location within an urban
area.
5.7
No person shall keep or permit to be kept at any one time more
than five (5) dogs per dwelling unit or location within a rural area.
5.8 Sections 5.6 and 5.7 of this by-law do not apply to:
(i)
a licensed kennel;
(ii)
an animal hospital owned and operated by a veterinarian
licensed by the Ontario Veterinarian Association;
ii)
a shelter, which complies with City Zoning By-laws;
(iv) dogs under the age of twelve (12) weeks
Kennel Licences
5.9 No person shall operate a kennel anywhere within the city unless
he or she has first obtained a kennel licence in accordance with this
By-law.
5.10 A person is not eligible for a kennel licence or for the renewal of
such a licence unless his or her application is accompanied by the
annual kennel licence fee for the kennel classification as set out in
Schedule C of the Consolidated Fees By-law.
5.11 A person is not eligible for a kennel licence or the renewar of a
kennel licence unless:
(1) the use or proposed use conforms with the zoning by-law
and zone provisions that apply to the property;
(2) the property complies with the property standards by-law
and any other applicable by-laws;
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(3) the property conforms with all applicable law, including the
Health Protection and Promotion Act, the Ontario Society for
the Prevention of Cruelty to Animals Act, the Fire Protection
and Prevention Act and the Building Code Act;
(4) the property is kept in a clean and sanitary condition at all
times;
(5) every dog that has reached the age of twelve (12) weeks
and that resides on the property permanently has been
registered in the City's animal identification system and a
dog licence for that dog has been issued.
5.12 Every person who holds a kennel licence shall allow, at any
reasonable time, a Municipal Law Enforcement Officer or other
authorized employee or agent of the City to inspect the property,
other than any room or place used as a dwelling, to determine
whether all requirements of this by-law are being complied with.
5.13 Any kennel licensed in any ward of the city of Quinte west as at
the date of passing of this By-law shall have six (G) months to
comply with this by-law.
5.14 A kennel licence is not transferable, a change in occupancy or
ownership shall make the kennel licence null and void.
5.15 ln the event any of the conditions that were in existence at the date
of issuance of the kennel licence change, the application for
renewal or transfer of said kennel licence shall be subject to all
provisions of this by-law and all other applicable by-laws of the City.
5.16 A kennel licence is valid for one calendar year only, and shall be
renewed by December 31"t of each year by paying the annual
licence fee.
5.17 A kennel licence is not required for:
(i)
a veterinary hospital or clinic;
( ii)
an animal shelter;
(iii) a property that is operating a legitimate fostering or boarding
program for dogs under the authority of the animal shelter.
Keeping of Animals
Guard Dogs
5.18 No person shall keep a guard dog on any property unless the
owner of the guard dog or the owner or occupant of the property
places and maintains a sign in a prominent place on the property
that reads: "Beware Guard Dog".
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Dogs Being at Large
5.19 No owner shall cause or permit his or her dog to be at large or to
trespass.
5.20 No owner shall fail to ensure that a dog is under the control of its
owner at all times when on any property that is not owned or
occupied by its owner.
5.21 The regulation set out in section 5.20 does not apply to
(i)
a dog that is at large on a property with the express
permission of the owner or occupant of that property;
(ii) the Kinsmen Community Dog Park
Behaviour of Dogs
5.22 No person shall allow a dog to deposit waste (excremenvfeces) on
private property or property of the City unless such person
immediately and entirely, without leaving the scene, causes such
waste to be removed and dísposed of properly.
5.23 subsection 5.22 shall not apply to a service dog while on a reash
and actually in use providing assistance to a person with a disability
or impairment.
5.24 No owner shall cause or permit his or her dog to:
(1) persistently bark or howl;
(2') damage public or private property;
(3) scatter garbage or interfere with waste management
activities;
(4) chase persons, vehicles, domestic animals, poultry, or other
anímals kept on agricultural property;
(5) swim at a public beach, swimming or wading pool; or
(6)
be in a public park or recreational area and not under the
control of its owner.
Where the By-law Department of the Corporation of the City of
Quinte West has received and investigated three complaints about
the persistent barking of a dog, which complaints have resulted in a
conviction of the owner of the dog under the Noise By-Law, the
Municipal Law Enforcement officer shall be entitled to retrieve the
dog from the owner and keep the dog in the animal shelter of the
City for a period of 10 days or untilthe Munícipal Law Enforcement
Officer is satisfíed that the owner of the dog has taken proper and
effective steps to control the barking of the dog, whichever is the
lesser.
5.25
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5.26 Every owner of a dog shall take all precautions necessary to
prevent the dog from biting or attacking any person, domestic
animal or domestic fowl.
5.27 A Municipal Law Enforcement Officer may issue an order to an
owner whose dog is alleged to have bitten or attacked a person or
domestic animal, requiring the owner to muzzle the dog until such
time as the incident has been reviewed by a Municipal Law
Enforcement Officer. The Municipal law Enforcement Officer, as a
result of the review may:
(1) exempt the owner from the muzzle requirement;
(2) rule that the dog is a dangerous dog;
(3) commence proceedings under the Dog Owner's Liability Act,
R.S.O. 1990.
5.28 An owner may appeal an order to muzzle his or her dog to the
Clerk, but an appeal shall not act as a stay of the muzzling order
Dangerous Dog
5.29 No owner of a dog that has been ruled to be a dangerous dog
under section 5.27 (2) shall fail to comply with the following:
(1) the dog shall be located wholly within a fenced area and any
gate in such area shall be locked at all times when a
dangerous dog is in the fenced area,
(2) at all times, when the dog is outside the boundaries of its
owners land, keep the dog muzzled so as to prevent it from
biting,
(3) immediately upon the transfer of a dangerous dog from one
owner to another, the former owner and the new owner shall
notify the City of said transfer, and shall provide the name,
address and telephone number of the new owner for the
City's records, and
(4) every owner of a dangerous dog shall post a sign in a
conspicuous place on his/her property, stating that there is a
dangerous dog on the premises.
lmpounding Dogs
5.30 Any dog that ís running at large may be seized and impounded by a
Municipal Law Enforcement Officer.
5.31 A Municipal Law Enforcement Officer may use any reasonable
means to impound a dog that is at large or trespassing in
contravention of this by-law.
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Obstruction
5.32 No person shall obstruct or hinder or attempt to obstruct or hinder a
Municipal Law Enforcement Officer or other authorized employee or
agent of the City in the exercise of a power or the performance of a
duty under this by-law.
6.
Offence And Penalty Provisions:
6.1
Every person who contravenes any provision of this by-law is guilty
of an offence and, upon conviction, is liable to such penalties as are
provided for in the Provincial Offences Act.
6.2 lf this by-law is contravened and a conviction entered, the court in
which the conviction was entered or any Court of competent
jurisdiction may, in addition to any other remedy and to any penalty
that is imposed, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
7.
Validity:
7.1
lf a court of competent jurisdiction declares any provision, or any
part of a provision, of this by-law to be invalid, or to be of no force
and effect, it is the intention of Council in enacting this by-law that
each and every provision of this by-law authorized by law be
applied and enforced in accordance with íts terms to the extent
possible according to law.
8.
Repeal:
By-law 09-95 is hereby repealed in its entirety upon the effective
commencement of this by-law.
9.
Commencement:
This By-law shall take effect and come into force commencing January 1,
2017.
Read A First, Second And Third Time And Finally Passed This 16th Day Of
March, 2015.
Jim Harrison, Mayor
*,ø*
(evin Heath, City Clerk
1.1