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THE CORPORATION OF THE TOWNSHIP OF SABLES-SPANISH RIVERS
BYLAW NUMBER 2013 - _36__
Being a Bylaw for the Licencing
and Requiring the Registration of Dogs and Cats
and for the Control and Keeping of Dogs and Cats
WHEREAS Section 10 of the Municipal Act 2001, as amended, provides for bylaws to be passed
respecting matters dealing with animals;
AND WHEREAS Councils demes it desirable to licence and regulate dogs and cats within the
municipality;
NOW THEREFORE the Council of the Corporation of the Township of Sables-Spanish Rivers ENACTS
AS FOLLOWS:
1. Short Title: The Short Title of this Bylaw is "Animal Control Bylaw".
2. Enforcement of Bylaw: The Bylaw shall be enforced by the "Animal Control Officer".
3. Definitions:
1)
"Animal Control Officer" includes the person or association who has entered into a
contract with the municipality to control dogs and cats and to operate a pound and any
servants of such person or association and all servants thereof are hereby appointed
Municipal Bylaw Enforcement Officers pursuant to Section 15, subsection 1 & 2 of the
Police Services Act, 1990, Chapter 10, and pursuant to Bill 74, the Provincial Offences
Act, who shall be Peace Officers for the purpose of enforcing the animal control and
licencing bylaw and related legal serving process and shall include any police officer or
Agent of the Ontario Society for the prevention of Cruelty to Animals.
2)
"Cat" means a male or female cat;
3)
"Dog" means a male or female dog;
4)
"Kennel" includes any building, part of a building or area used for the keeping of dogs;
5)
"Leash" means a chain, rope or other restraining devise of not more than two (2) metres;
6)
"Licence Agent" means the Animal Control Officer;
7)
"Municipality" means the Corporation of the Township of Sables-Spanish Rivers;
8)
"Muzzle" means a humane devise designed to fit over the mouth of a dog to prevent the
dog from biting. A muzzled dog means a dog wearing a muzzle in the manner
anticipated by the manufacturer of the muzzle;
9)
"Owner' includes any person who keeps, possesses, harbours a dog, cat or animal
or allows the animal to remain on his premises, and shall include any person who
fosters any animal from a recognized shelter or animal rescue; and, where the
owner is a minor, the person responsible for the custody of the minor and "owns"
has a corresponding meaning;
10)
"Recognized animal shelter or rescue" A not-for-profit or charitable organization,
registered with the Licence Issuer, whose mandate and practices are
predominately the rescue and placement of animals, and facilitating the spaying or
neutering of animals, or for animal welfare purposes.
11)
"Service Dog" means a dog trained by a recognized school for service as a guide dog for
the blind or visually-impaired, a guide dog for the deaf or hearing-impaired, or a special
skills dog for other disabled persons and includes a dog used in therapy, registered with a
recognized organization for that purpose. Proof in the form of a photo ID or a signed
letter from the relevant organization on its letterhead is acceptable.
12)
"Tether" means a rope or chain or similar restraining device that prevents an
animal from moving, beyond a localized area.
13)
"Treasurer" means the Treasurer of the Township of Sables-Spanish Rivers.
PART 1 - LICENCING
4. No person in the Township shall own, harbour or posses a dog or cat unless or until he has
procured a licence to do so as herein provided and every owner of a dog or cat shall be subject to
the provisions of this bylaw.
5. The Animal Control Officer is hereby appointed as Licence Agent, and is authorized to issue
licences under this bylaw, and every such licence shall be issued for and on behalf of the
municipality and on behalf of the Licence Issuer by the Licence Agent.
6. A licence shall be procured and renewed pursuant to this bylaw by applying to the Licence Agent
for said licence or renewed licence as the case may be, and by paying the Licence Agent the fee.
7. Any licence procured, issued or renewed pursuant to this bylaw shall be in the form of a dog or
cat tag;
1)
Every dog or cat tag must bear a serial number, year of issue and the name of the Licence
Agent.
2)
A record shall be kept by the Licence Agent showing the name and address of the owner
and the serial number of the tag.
3)
The owners shall keep the tag securely fixed on the animal at all times until the tag is
renewed or replaced, but the tag may be removed while the dog or cat is within the
premises of the owner. Failure to do so constitutes a breach of this bylaw.
4)
No owner of a dog or a cat shall use a tag on a dog or a cat other than that for which it
was issued.
5)
The onus of proving a person has a valid and subsisting licence is on the person alleging
the licence which must be produced upon request of an Animal Control Officer.
6)
In the event the tag issued for a dog or cat is lost, the owner may obtain a second tag
upon payment of a fee.
7)
If there is a change of ownership of a dog or cat during the licence year, the licence
holder shall notify the Licence Agent immediately of the change of ownership and the
new owner must pay a licence transfer fee for this service. Failure to do so constitutes a
breach of this bylaw.
8)
Where a dog is defined as a Service Dog, there shall be no fee charged for a licence and a
tag under this bylaw, upon submission of required proof.
9)
Where the dog or cat is fostered from a recognized animal shelter or rescue, there shall be
no fee charged for a licence and a tag under this bylaw, upon submission of required
proof.
10)
Every licence issued pursuant to this bylaw shall expire on the 31st day of December of
the year in respect of which it was issued.
11)
Every licence shall be renewed yearly on or before the 15th day of February and the fee to
be paid the Licence Agent.
12)
The licence fees to be paid to the Licence Agent at the time of the issuing of the licence
shall be consistent with the provisions of the bylaw appointing the Animal Control
Officer.
PART 2 - KENNELS
8. 1)
Notwithstanding the provisions of section 7 subsections 11 and 12 above, no person in
the municipality shall own, harbour or possess a kennel of dogs until he has paid an
annual licence fee for the kennel and he is not liable to pay in respect of such dogs any
licence fee under this bylaw.
2)
The Kennel Licence Application as attached hereto as Schedule 'A; to this bylaw, shall
be completed and submitted to the municipality together with the required fee at the time
of issuing of the licence.
3)
Owners and operators of kennels shall comply with the following regulations:
a) The licence shall expire on the 31st day of December;
b) Every licence shall be renewed yearly between the 1st day of January and the 15th day
of February, inclusive;
c) A Kennel shall be permitted only in premises zoned for the purpose of the boarding
and breeding of dogs;
d) No Kennel shall be permitted on property of less than 4 hectares;
e) No part of a Kennel shall be constructed or maintained closer than 30 metres from the
nearest property line of any adjacent residence;
f) The floors of each room in which dogs are kept shall be:
i)
constructed of an impermeable material, and
ii)
flushed with water and deodorized with a suitable disinfectant daily or
more often if necessary and that the animals should be removed when
this is being done, and
iii)
if such room is physically attached to a building used for human
habitation, graded to an adequate drain which shall be connected to a
municipal sewage system or sewage disposal system.
g) Each room that is used for the housing of dogs shall be equipped with a lighting
system that is so designed, constructed and maintained that:
i)
it distributes light as evenly and with as little glare as possible;
ii)
it provides adequate light for the proper observation of every animal in
the room, and
iii)
it is adequately lighted for a continuous period of at least eight hours in
every twenty-four hour period.
h) Each room that is used for the housing of dogs shall provide ventilation for the
health, welfare and comfort of every dog by either:
i)
having an opening or openings for natural ventilation with a minimum
aggregate unobstructed free flow area of one percent (1%) of the floor
area of the room, or
ii)
having a mechanical ventilation device in working order which changes
the air at least two times each hour.
i) Each room that is used for the housing of dogs shall at all times, be maintained at a
minimum temperature for the health, welfare and comfort of every dog therein.
j)
Each cage or pen used for the housing of dogs shall be so constructed and
maintained that:
i)
every dog in the cage or pen may comfortably extend its legs to their full
extent, stand, sit, turn around and lie down in a fully extended position;
ii)
it is not likely to harm any dog therein;
iii)
any dog therein cannot readily escape, and
iv)
it may be readily cleaned.
k) Each doorway, window and outside openings shall be screened during the period of
May 1st to October 1st of each year.
l) The yards and runways shall be:
i)
fenced so any dogs therein cannot readily escape,
ii)
gravelled and well drained, or
iii)
paved with concrete, asphalt or other impermeable materials,
iv)
graded to an adequate drain or gutter, and
v)
cleaned at least once daily when in use.
m) Each area in which dogs are kept shall at all times be maintained in a clean and
sanitary condition.
n) Excreta, dead animals and other waste resulting from the keeping of dogs shall be
removed daily from the premises.
o) The Medical Officer of Health for the District of Sudbury shall enter any building
and order the removal of any matter or thing which is dangerous or injurious to the
public health including any or all of the dogs within the kennel, whenever it appears
the Medical Officer of Health that it is necessary for the preservation of the public
health or for the abatement of anything dangerous or injurious to the public health.
p) Every dog shall be supplied with:
i)
food of a type and in amounts nutritionally adequate for the dog, and
ii)
adequate amounts of potable water, and
iii)
medical services for any disease or injury from which the dog may be
suffering.
q) The owner, operator or a person designated by the owner or operator, shall attend at
the Kennel at least once every 12 hours.
r) An Animal Control Officer or any other duly authorized person may enter upon, and
may inspect without notice any kennel or any place where dogs are kept at any
reasonable time.
s)
The Animal Control Officer or any other duly authorized person may revoke any
licence where the owner or operator of the Kennel does not comply with the
provisions of this bylaw or any applicable municipal bylaws, provincial or federal
statutes or regulations.
t) Where a kennel licence has been revoked, the kennel owner may apply to the
municipality for a hearing as to whether or not the kennel licence should be
revoked. An application for a hearing shall be filed with the Clerk within 10 (ten)
business days of the date of delivery of the written notice that the kennel licence
has been revoked.
4)
The two prior existing recognized kennels of Braeview Kennels-271 Seldom Seen Road
and the Kennel of Ron & Pat Hnatuik-815 Birch Lake Road, which existed prior to the
passing of this bylaw, shall be exempt from Part 2 - Kennels Section 2 as long as the
ownership remains the same.
PART 3 - ANIMALS AT LARGE
9. 1)
No person shall, within the municipality, fail to prohibit a dog or a cat, for which he is the
owner, from being at large or permit a dog or cat to run at large.
2)
For the purpose of this bylaw, a dog or cat shall be deemed to be at large when found in
any place other than the property of the owner of the dog or cat and not under the control
of any person.
3)
For the purpose of this bylaw, a dog or a cat shall be deemed not to be under the control
of any person when the dog or cat is not on a leash of a maximum length of two (2)
metres held by a person.
4)
No person shall tether and leave unattended any dog or cat on any property within the
Municipality except on the premises of its owner or on private property with the consent
of the owner of that private property.
5)
No person shall allow or permit a dog or cat under their control or of which they are the
registered owner, to trespass on private property whether on a leash or not, unless
permission for said trespass is first obtained from the property owner.
6)
No person shall allow or permit a dog or cat under his control or of which he is the
registered owner to be on a Public Beach whether on a leash or not.
10. The Animal Control Officer for the municipality may seize and impound any dog or cat found at
large or tethered unattended except on the premises of its owner or on private property with the
consent of the owner of that private property and restore possession of the dog or cat to the owner
thereof where:
1)
the owner claims possession of the dog or cat within three (3) days (exclusive of the day
of its impounding and of statutory holidays) after the date of seizure, and
2)
the owner pays to the Peace Officer or Animal Control Officer a pound fee for a dog or
cat seized and a maintenance fee for each day subsequent to the day of seizure that the
dog or cat remains impounded;
3)
the owner has procured a current licence for the dog or cat pursuant to Part 1 - Licencing,
of this bylaw.
4)
Where a dog or cat is seized and impounded under section 10 the owner if known, and
whether the dog or cat is claimed from the pound or not, shall be liable for the impound
and maintenance fees prescribed and shall pay all fees on demand by the Animal Control
Officer or Licence Agent.
5)
Where at the end of three (3) days mentioned in section 10, the dog or cat has not been
restored to the owner, the Animal Control Officer may sell the dog or cat for such price
as he deems reasonable.
6)
Where the owner of a dog or cat has not claimed the dog or cat within three (3) days after
its seizure under section 10, and where the dog or cat has not been sold, the Animal
Control Officer may euthanize the dog or cat in a humane manner or otherwise dispose of
the dog or cat as he sees fit in accordance with the provisions of the Province of Ontario
Animals for Research Act as it relates to pounds and no damages or compensation shall
be recovered by the dog or cat owner on account of its killing or other disposition.
7)
Where a dog or cat seized under section 10 is injured or should be destroyed without
delay, for humane reasons or for reasons of safety to persons or animals, the Animal
Control Officer may euthanize the dog or cat in a humane manner as soon after seizure as
he thinks fit without permitting any person to reclaim the dog or cat or without offering it
for sale, and no damages or compensation shall be recovered by the owner on account of
its euthanasia.
11. Any person may seize a dog or cat at large provided that:
1)
they turn the dog or cat over to an Animal Control Officer for impoundment or;
2)
make every effort to return the dog or cat to its rightful owner; and
3)
they forthwith report the seizure to an Animal Control Officer; and
4)
keep the Animal Control Officer apprised of the disposition of the animal.
12. The Animal Control Officer is authorized, upon request of a police officer, to impound a
dog for protective care purposes, pursuant to an incarceration, fire, medical emergency or
for any other situation that the Animal Control Officer deems appropriate and to keep
such animals for a maximum of five days.
13. In the event that the owner of the dog or cat impounded for protective care does not claim
the dog or cat and pay the impound fees, board fees and veterinarian fees in accordance
with with the provisions of the bylaw appointing the Animal Control Officer, within 5 days,
then on the sixth day it shall be treated as an impounded animal and subsequently if the
dog or cat is not redeemed within the time frame specified in subsection 10.1, the pound
keeper may dispose of the cat or dog as it sees fit without liability to any person for the
disposition of the dog or cat or the manner thereof.
14. Dogs or cats shall be accepted at the premises of the Animal Control Officer.
15. Fees for services outlined in Part 3 shall be consistent with the provisions of the bylaw appointing
the Animal Control Officer.
PART 4 - STOOP AND SCOOP
16. Every person who is the owner of a dog or cat at a time when the dog or cat fouls any place
within the municipality, other than the property of the owner of the dog, shall forthwith remove,
or cause the removal of the excrement from such property and sanitarily dispose of the
excrement. Failure to do so constitutes a breach of this bylaw.
17. Subject to section 16 any person in the control of a dog or cat on any property except the property
owned by the person shall have in their possession a suitable means of facilitating the removal of
the animal's excrement. Failure to do so constitutes a breach of this bylaw.
18. Section 16 shall not apply to a person who owns or uses a seeing-eye dog registered with the
Canadian National Institute for the Blind.
PART 5 - KEEPING OF ANIMALS
19. Every person who keeps a dog or cat within the municipal boundaries shall provide the
animal, or cause it to be provided with, adequate and appropriate care as may be required
to meet the need of the species.
20. If a dog is customarily kept out of doors, the person who owns such a dog shall, at all
time, provide for its use, a structurally sound, weatherproof enclosure with off-the-ground
flooring.
21. No person shall keep a dog tethered on a chain, rope or similar restraining device of less
than 2.4 metres in length.
PART 6 - REQUIREMENT FOR THE MUZZLING & LEASHING OF DOGS
22. The Animal Control Officer may investigate any dog bite incident. Where the Animal Control
Officer is satisfied that the dog has bitten a person or a domesticated animal, he may require a
dog to be muzzled and leashed.
23. Where a dog has been required muzzled and leashed pursuant to section 22, the dog owner shall
be provided with a copy of a written requirement to that effect.
24. Where a dog has been required muzzled and leashed, the dog owner may apply to the
municipality for a hearing as to whether or not the requirement should be revoked. An
application for a hearing shall be filed with the clerk within ten (10) business days of the date of
delivery of the notice of requirement.
25. 1)
No person within the municipality shall fail to restrain a dog for which he is the owner
that has been required muzzled and leashed.
2)
For the purpose of this bylaw where restrain is used in connection with a dog required
muzzled and leashed at its owner's property shall be deemed to mean muzzled and
leashed and under the control of a person at least 16 years old, except when:
a)
kept indoors in a manner respective of its environmental needs which prevents
contact with persons who have not consented to contact, or
b)
kept in a pen or other outdoor enclosure respective of its environmental needs
which prevents the dog from:
i)
leaving the owner's household or property (except in accordance with the
provisions of this bylaw), and
ii)
coming into contact with persons who are not at the owner's household or
property or have not consented to have contact with the dog.
c)
For the purpose of this bylaw where restrain is used in connection with a dog
required muzzled and leashed at a place other than its owner's property it shall be
deemed to mean a dog muzzled, leashed and under the control of a person at least
16 years old.
26. Every person who owns a dog required muzzled and leashed, upon relocation of his or her
residence, shall immediately notify the Licence Agent of the change of address. Failure to do so
constitutes a breach of this bylaw.
27. Hearing Panel: The municipality hereby delegates the Animal Control Officer or any other
persons as designated by the Animal Control Officer, to hear matters arising out of section 8(3)(t)
or section 24.
PART 7 - GENERAL
28. 1)
No person within the municipality shall forcibly retrieve a dog from the Animal Control
Officer or a vehicle under an Officer's control.
2)
No person shall forcibly retrieve a dog from the Animal Control Officer, or break and
enter into a patrol vehicle of the Animal Control Officer or retrieve a dog without
payment in full of all fees and charges required to be paid under this bylaw.
29. If any part, section, subsection, clause or paragraph of this bylaw is for any reasons, held invalid,
such portion shall be deemed separate, distinct, and independent and such holding shall not affect
the validity of the bylaw as a whole or any part thereof, other than the provisions so declared to
be invalid.
30. Every person who contravenes any of the provisions of this bylaw is guilty of an offence and is
subject to the Set Fines as attached hereto as Schedule 'B' to this bylaw.
31. This bylaw hereby repeals Bylaws 99-20B, 2009-08, 2012-23 and any other amending bylaw or
resolution passed that is inconsistent with this bylaw.
READ A FIRST AND SECOND TIME THIS _13TH __ DAY OF _NOVEMBER____, 2013.
__________________________
MAYOR - L. GAMBLE
__________________________
CLERK - K. SLOSS
READ A THIRD AND FINAL TIME AND PASSED IN OPEN COUNCIL THIS _13TH _ DAY OF
_NOVEMBER_ 2013.
__________________________
MAYOR - L. GAMBLE
__________________________
CLERK - K. SLOSS
Schedule 'A' - Bylaw 2013 - _36__
KENNEL LICENCE APPLICATION
New _____ Renewal _____
Kennel Name ............................................................................................................
Registration Affiliation: CKC ......... AKC ......... Other .........................................................
Applicant ...................................................... Tel. No. ................................................
Address .....................................................................................................................
Property Description: Twsp. ...................................... Lot .................. Con. ..................
Zoning: ................................
Year Established: .................... Distance to closest property line: ..........................................
Purpose of Kennel: Breeding or raising of dogs ........................
Boarding .............................................
Other: ..........................................................................................
Description of Kennel Facilities: Separate building .................. Part of building ........................
Briefly describe facilities (include floor area, material, number of windows, plumbing, running water,
electrical, types of cages, outside runs, etc.)
I ______________________________, hereby give permission to the Township of Sables-Spanish
Rivers' Animal Control Officer or other duly authorized person to enter at any time, this kennel and the
lands upon which the kennel is situated, for the purpose of inspection.
Date: _____________________
Signature of Applicant: ________________________________
Annual Kennel Licence Fee: $100.00
Date Paid: ______________________
Receipt No. _____________________
Original to Applicant as Licence
Copy to Property File ___________
Schedule 'B' - Bylaw 2013 - _36_____
SET FINE
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
COLUMN 3
Set Fine excluding
Court Costs
1.
Failure to procure a licence
Section 4
$100.00
2.
Failure to affix the dog or cat licence
Section 7(3)
$100.00
3.
Misuse of a dog or cat licence
Section 7(4)
$100.00
4.
Failure to notify change of ownership
Section 7(7)
$100.00
5.
Failure to register a kennel
Section 8(1)
$100.00
6.
Fail to prohibit dog or cat from running
at large
Section 9
$100.00
7.
Fail to clean up and dispose of dog or cat
excrement
Section 16
$100.00
8.
Fail to keep dog or cat in good health
Section 19
$100.00
9.
Fail to provide outside enclosure
Section 20
$100.00
10.
Keep dog on improper chain or rope
Section 21
$100.00
11.
Fail to restrain a vicious dog
Section 25
$250.00
12.
Fail to notify change of address
Section 26
$100.00
13.
Forcibly retrieve dog from Animal Control
(officer/vehicle)
Section 28
$100.00
The penalty provision for the offences indicated above is Section 30 of Bylaw 2013-_36_