Dog By-law Number 17-2000

Renfrew, Ontario

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CONSOLIDATED TOWN OF RENFREW DOG BY-LAW BY-LAW 17-2000 A by-law to regulate the keeping and control of dogs; the licencing and restraint of dogs; the taking up and impoundment; the quarantining and destruction of dogs in certain instances and other aspects of animal control within the Town of Renfrew PASSED FEBRUARY 14, 2000 AMENDMENTS DATE AMENDING BY-LAW AMENDMENT(s) October 12, 2010 By-Law 48-2010 Part 1; Part 3 (e) (i) & (ii); Part 3 (v); Part 4 (i); Part 15 (a) CORPORATION OF THE TOWN OF RENFREW BY-LAW NO. 17-2000 Being a By-Law to regulate the keeping and control of dogs; the licencing and restraint of dogs; the taking up and impoundment; the quarantining and destruction of dogs in certain instances and other aspects of animal control within the Town of Renfrew, and to rescind By-Law 31-97 WHEREAS Section 210.11 of the Municipal Act, RSO 1990 permits the council of every municipality to licence, regulate, and require the registration of dogs and for imposing a licencing fee on the owners of them; and WHEREAS the Council of the Corporation of the Town of Renfrew deems it expedient and in the public interest to enact a By-law to regulate and licence dogs in the Town of Renfrew. NOW THEREFORE the Corporation of the Town of Renfrew enacts as follows: 1. DEFINITIONS As used in this By-Law, the following terms shall have the meaning hereinafter ascribed to them: Animal means a domestic dog and/or domestic cat (B/L 48-2010) Service Dog means a dog trained at a recognized school for service as a guide dog for the blind or visually impaired and/or for the deaf or hearing impaired. (B/L 48-2010) a) Animal Control Officer - Shall mean the person designated by the Council of the Corporation of the Town of Renfrew to enforce this By-Law, or his/her servants or agents. b) Animal Shelter - Any premises designated by the Corporation for the purposes of impounding and caring for animals taken up by the agents of the Corporation in violation of this By-Law. c) At Large - Any dog shall be deemed at large when it is off the property of his/her owner, and not under control of a person. d) Corporation - Shall mean the Corporation of the Town of Renfrew. e) Dangerous Dog - Means a dog which has, without provocation, attacked or bitten a person or other domesticated animal. f) Dog - The male and female of the domesticated canine species. g) Exposed to Rabies - An animal has been exposed to rabies within the meaning of this By-Law if it has been bitten by any animals known or suspected of having been infected with rabies. h) Kennel - Any person, group of persons, partnership, or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs. i) Mature Dog - Any dog older than three (3) months. j) Ownership - Includes a person who possesses or harbours a dog, and where the owner is a minor, the person responsible for the custody of the minor. k) Potentially Dangerous Dog - A dog that in the absence of any mitigating factor, chases or approaches any person or domestic animal, anywhere other than on the property of its owner, in a menacing fashion, or apparent attitude of attack, including, but nor limited to growling or snarling. l) Pet Shop - Any person, group of persons, partnership or corporation operating an establishment where live animals and birds are kept and offered for sale. m) Leash - Includes any form of lead or restraint, not to exceed two (2) metres in length, and of adequate strength to restrain the animal. n) Muzzle - A humane fastening or covering device of adequate strength placed over the mouth to prevent a dog from biting. o) Veterinary Hospital - An establishment maintained and operated by a licenced veterinarian for the diagnosis and treatment of diseases and injuries of animals and birds. 2. ENFORCEMENT a) The provisions of this By-Law shall be enforced by the person designated as Animal Control Officer by the Municipal Council of the Corporation, and any servant or agent of such person, any Police Officer, or By-Law Enforcement Officer. 3. LICENCE/FEES a) Annually, immediately following the first day of January, an owner of any dog shall cause it to be registered, numbered, described and licenced for a period of one year thereafter in the offices of the Town of Renfrew and shall cause the said dog when on or off the premises of the owner thereof, but within the said Town, to wear around its neck a collar, to which collar shall be attached a plate having raised, cast or stamped thereon figures indicating the year for which the said licence has been paid, together with a number corresponding with the number under which the said dog is registered in the offices of the Town of Renfrew. Every such owner shall pay for such licence, plate and registration, the sum hereinafter set out and every such licence shall expire on the 31st day of December in the year of purchase. b) Licences may be purchased directly from the Town of Renfrew or such agents of the Town as may be designated by the Corporation. c) The owner shall state their name and address and the name, breed, sex, colour and age of the dog. d) A numbered receipt and tag shall be issued to the owner or applicant at the time at which the licence fee is paid. e) Annually, immediately following the 1st day of January in every year, the owner shall pay to the Corporation the following licence fee: January 1st - March 31st April 1st - December 31st Each animal up to a maximum of four (4) per household $10.00 / animal $12.00 / animal Each animal in excess of four (4) animals per household $15.00 / animal $18.00 / animal Service Dogs $0 / animal $0 / animal i) $10.00 for each dog, to a maximum of four (4) dogs per owner, if paid on or before the 31st day of March in the year of issuance. ii) $12.00 for each dog, to a maximum of four (4) dogs per owner, if paid after the 31st day of March in the year of issuance. (B/L 48-2010) iii) In the event that the tag shall become lost, the owner of the dog for which a tag was issued may obtain a duplicate tag upon the payment of a fee of $1.00. iv) There shall be no charge if there is a change of ownership of a dog during the licence year. The new owner may have the current licence transferred to his/her name. v) Owners are required to register their service dog with the Corporation of the Town of Renfrew on an annual basis. Owners must provide the Town with a copy of the animal's certification at the time the animal is registered. (B/L 48-2010) 4. DUTY OF OWNER a) No person shall own, keep, or harbour any mature dog within the limits of the Town of Renfrew, unless such dog is licenced as herein provided. b) No person shall operate a Kennel as defined in this By-Law within the Corporate boundaries of the Town of Renfrew. c) No person shall use for any dog, a licence receipt, or a licence tag issued for another dog. d) The owner of any dog shall not permit such dog to run at large at any time, in any public park, square, drive, street, lane, or any other public place in the Town of Renfrew, or upon any property not owned or leased by the dog owner. e) Any person having the care and custody of a dog shall maintain effective control of the animal by means of a leash, while not on the property of the owner. In this context, effective control means a physical attachment (i.e. a leash), between the person and the dog. f) Any owner of a dog, or person having care and custody of a dog shall forthwith remove and dispose of any excrement left by the dog on any property in the Town other than the owner's property. g) No owner, or person having the care and custody of the dog, shall permit said dog to attack any person, domestic animal, or domestic bird, or to fight with another dog. h) No owner, or person having the care and custody of any dog or dogs, shall permit them to become a nuisance by excessive or unnecessary barking, or making undue noise at any time. i) There shall be no more than four (4) animals kept or harboured at any one household at any time. (B/L 48-2010) 5. IMPOUNDMENT a) Unlicenced dogs shall be taken up by the agents of the Corporation and impounded in the Animal Shelter, and there confined in a humane manner for a period of not less than three days (72 hours). b) Dogs not claimed by their owners at the expiration of the said three days shall become the property of the Corporation and be humanely disposed of as hereinafter provided. c) Immediately upon the impoundment of a dog, the agents of the Corporation shall make every possible effort to notify the owner of such dog impounded, and inform such owner of the conditions whereby they may regain custody of the animal. d) When dogs are found running at large and their ownership can be ascertained by the Animal Control Officer, such dogs need not be impounded, but the Animal Control Officer may, in his/her discretion, take the dogs to their owners, and may cite such offending owners for violations of the provisions of this By-law. e) When impounded dogs are not claimed by their owners within the time specified by this By-Law, if deemed suitable as pets, they may be placed with new owners who will agree to such conditions as the Corporation shall prescribe. f) Where a dangerous or potentially dangerous dog has been impounded for any reason, the Animal Control Officer shall not restore the said dog to its owner, or to any other person, unless the Animal Control Officer is satisfied that the person to whom the dog is to be restored is aware of and in compliance with the relevant provisions of this By-law. g) Where the owner of a dangerous or potentially dangerous dog that has been impounded is unable to demonstrate compliance with the relevant provisions of this By-law to the reasonable satisfaction of the Animal Control Officer, or refuses to do so, the Animal Control Officer, after a reasonable period of time, may dispose of the dog in accordance with the provisions of this By-Law. h) When in the judgement of the Animal Control Officer or his agents a dog should be destroyed for humane reasons, such dog may not be redeemed. i) Any dog found running at large will be liable to be captured, impounded, and disposed of as herein provided. 6. REDEMPTION OF IMPOUNDED DOGS a) The owner shall be entitled to regain possession of any impounded dog within three (3) days, except as hereinafter provided in the cases of certain dogs, and upon compliance with the licence provisions of Section 3 of this By-Law and the payment of impoundment fees set forth herein. b) Any dog impounded under the provisions of this By-Law and not reclaimed by its owner shall become the property of the Corporation after three (3) days and may be disposed of in a humane manner. 7. IMPOUNDMENT FEES a) Any dog impounded hereunder may be reclaimed as provided for herein upon payment by the owner to the Corporation of the sum of fifteen dollars ($15.00) per day for each animal, and the owner shall prior to securing the release of the impounded animal obtain a licence and produce a receipt from the Corporation to the Animal Control Officer. 8. CONFINEMENT OF CERTAIN DOGS a) The owner, or person having the care and custody, shall confine within a building or secure enclosure, any dangerous or potentially dangerous dog and not take such dog out of such building or secure enclosure unless such dog is securely muzzled and leashed. 9. RABIES CONTROL a) Every dog which bites a person shall be promptly reported to the Health of Animals Branch of the Federal Department of Agriculture, or its agent, and shall thereupon be securely quarantined and shall not be released from such quarantine except by written permission of the Medical Officer of Health, or his/her agent. Such quarantine may be on the premises of the owner, at the shelter designated as the Town Animal Shelter, or at the owner's option and expense, in a veterinary hospital of his/her choice. In the case of stray dogs, or in the case of dogs whose ownership is not known, such quarantine shall be at the Town Animal Shelter. b) Every dog over the age of three (3) months shall be inoculated with an anti-rabies vaccine. The Animal Control Officer may require an owner to produce a certificate signed by a practicing veterinarian that the dog has been inoculated within the past thirty-six (36) months. c) Every dog owner, upon demand made by the Corporation, shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for supervised quarantine, which expense shall be borne by the owner. d) During a period of rabies quarantine every animal bitten by a dog adjudged to be rabid, shall be forthwith destroyed, or at the owner's option and expense shall be treated for rabies infection by a licenced veterinarian, or held under thirty (30) days quarantine in the same manner as other animals are quarantined. e) The carcass of any dead dog exposed to rabies shall upon demand be surrendered to the Corporation or its agents. f) The Corporation or its agents shall direct the disposition of any dog found to be infected with rabies, subject to the direction of the Medical Officer of Health. g) No person shall fail or refuse to surrender any dog for quarantine or destruction as required herein when such a demand is made by the Corporation or its agents. 10. REPORTS OF BITE CASES a) It shall be the duty of every physician, or other practitioner, to report to the Renfrew County and District Health Unit, names and addresses or persons treated for bites inflicted by dogs, together with such other information as will be helpful in rabies control. 11. RESPONSIBILITIES OF VETERINARIANS a) It shall be the duty of every licenced veterinarian to report to the Health of Animals Branch of the Department of Agriculture his/her diagnosis of any dog observed by him/her as a rabies suspect. 12. DESTRUCTION/DISPOSAL a) Any dog found running at large, if apparently diseased, injured, dangerous, or adjudged potentially dangerous, may be destroyed by the Animal Control Officer or Police Officer at his/her discretion, rather than being delivered to the Animal Shelter. b) Where an dog which has been seized, is injured, or should be destroyed without delay for humane reasons, the Animal Control Officer may dispose of the animal in a humane manner as soon after seizure as he/she thinks fit without permitting any person to reclaim the dog, or without offering it for sale, and no damages or compensations shall be recovered on account of such disposition. 13. DOGS PROHIBITED a) A person who owns or harbours a dog or dogs with the exception of a Guide Dog or Police Work Dog shall, within the Town of Renfrew, not permit it or them to enter any premises or area where food, groceries, or like perishable goods are offered to the public for sale, and for greater clarity, but without restricting the generality of the foregoing, such premises or areas shall include: i) A grocery store or supermarket; ii) A restaurant, dining room, lunch bar or cafeteria; iii) A beverage room, or liquor lounge; iv) A bakery, meat shop or delicatessen; v) A market area, vegetable or fruit stand. 14. EXCEPTIONS a) Hospitals, clinics and other premises operated by licenced veterinarians for the care and treatment of animals are exempt from the provisions of this By-Law, except where such duties are expressly stated. b) The licencing requirements of this By-Law shall not apply to any dog belonging to a non-resident of the town, and kept within the Town for not longer than thirty days, provided such dog shall at all times while in the Town be kept within a building or vehicle, or be under restraint by the Owner. 15. INVESTIGATION a) For the purpose of discharging the duties imposed by this By-Law, and to enforce its provisions, any agent of the Corporation, or any Police Officer, is empowered to enter upon any premises upon which a dog is kept or harboured and to demand the exhibition by the owner of such dog or the licence of such dog. It is further provided that any agent of the Corporation may enter the premises where any dog is kept in a reportedly cruel or inhumane manner, or is in distress, and demand to examine such animal, and to take possession of such animal, when in his/her opinion, it requires humane treatment. (B/L 48-2010) b) Any Officer having jurisdiction in the area shall have and may exercise any of the powers of an inspector or agent of the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990. 16. INTERFERENCE a) No person shall interfere with, hinder or molest any agent of the Corporation in the performance of any duty of such agent, or seek to release any animal in the custody of the Corporation or its agents, except as herein provided. b) For the purpose of discharging the duties imposed by this By-Law, and to enforce its provisions, the Corporation shall engage the necessary personnel, equipment, vehicles and facilities necessary to administer the same. c) The Corporation or its agent shall keep, or cause to be kept, accurate and detailed records of the licencing, impoundment and disposition of all animals coming into its custody. d) The Corporation or its agents shall keep, or cause to be kept accurate and detailed records of all dog bite cases reported to it and its investigation of same. 17. PENALTIES a) Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction, is liable to a fine as provided for in the Provincial Offences Act. b) Each day a contravention continues may be deemed to be a separate offence. 18. REPEALS 1. THAT any and all By-Laws of the Corporation relating to the keeping, licencing, restraining and quarantine of dogs are hereby repealed. 2. THAT By-Law 31-97 be and is hereby repealed. 19. SEVERABILITY a) If any section, clause or provision of this By-Law 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 this By-Law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. 20. THAT this By-Law shall come into force and take effect immediately upon the passing thereof. Read a first and second time this 14th day of February, 2000. Read a third time and finally passed this 14th day of February, 2000. ........................................................................ ....................................................................... Sandra J. Heins, Mayor Timothy J. Simpson, Clerk BY-LAW 17-2000 - DOG CONTROL BY-LAW SCHEDULE "A" Set Fines for Use under Part I of the Provincial Offences Act ITEM COLUMN 1 COLUMN 2 COLUMN 3 Set Fine (Includes Costs) 1. Own, Keep or Harbour 4 (a) $55 Unlicensed Dog 2. Operate Illegal Kennel 4 (b) $155 3. Misuse of Dog Licence or Receipt 4 (c) $155 4. Owner - Permit Dog to Run at Large 4 (d) $55 5. Dog - Not Under Control 4 (e) $55 6. Fail to Pick up Excrement 4 (f) $55 7. Permit Nuisance Dog 4 (h) $55 8. Fail to Secure, Muzzle or Leash Dangerous, or Potentially Dangerous Dog 8 (a) $155 9. Owner - Fail to Surrender Dog 9 (g) $55 NOTE - The Penalty provision for the offences indicated above is Section 17 of By-Law 17-2000, as amended, a certified copy of which has been filed.