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SG-I-22
THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY
BY-LAW NUMBER 2 3 -2022
FOR THE YEAR 2022
BEING
A BY-LAW TO REGULATE THE CARE, CONTROL, AND
LICENSING
OF
ANIMALS
WITHIN
THE TOWNSHIP OF SOUTH
GLENGARRY.
WHEREAS, Section 3 of the Municipal Act, 2001, S.O. 2001 C.25 (hereinafter
referred to as the "Municipal Act") provides that the powers of municipal
corporation are to be exercised by its Council by by-law; and
AND WHEREAS Section 9 of the Municipal Act provides that a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under the Municipal Act or any other Act;
AND WHEREAS sections 8, 11(2) and 11(3) of the Municipal Act, confer the
powers for a municipality to pass By-laws to regulate, prohibit and require
persons to do things respecting Animals and in relation to the health, safety
and well-being of persons, the social well-being of the municipality and the
protection of persons;
AND WHEREAS section 103 of the Municipal Act, confers the power upon a
municipality to pass a by-law to provide for the seizure and impounding of
Animals being At large or trespassing and the sale of impounded Animals
under certain conditions;
AND WHEREAS section 105(1) of the Municipal Act, requires Council or an
Animal Control Officer, or designate of the municipality to hold a hearing on
whether to exempt an owner in whole or in part from muzzling requirements of
a dog, when so requested by the dog owner;
AND WHEREAS Sections 150 through 153 of the Municipal Act, authorizes
Council to license, regulate and govern businesses and events and that this
authority includes but is not limited to: the power to issue licences, to issue
licences on condition, to revoke licences, to suspend licences, to regulate or
govern the place used in the carrying on of such businesses, and to prevent
the carrying on of such businesses without a licence; and
AND WHEREAS section 391 of the Municipal Act, enables a municipality to
pass by-laws imposing fees or charges on any class of persons for services or
activities provided or done by or on behalf of it;
AND WHEREAS pursuant to Section 425 of the Municipal Act, a municipality
may pass by-laws providing that a person who contravenes a by-law of the
municipality passed under this Act is guilty of an offence; and
AND WHEREAS pursuant to Section 426 of the Municipal Act, no person
shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this Act or under a by-law
passed under this Act;
AND WHEREAS pursuant to Section 446(1) of the Municipal Act, a
municipality may direct or require a person to do a matter or thing and that, in
default of it being done by the person directed or required to do it, the matter or
thing shall be done at the person's expense;
AND WHEREAS Council of the Corporation of the Township of South
Glengarry is desirous to ensure that Animals are kept and treated in a humane
manner and that, the owners of Animals provide good quality care to them.
NOW THEREFORE the Council of the corporation of the Township of South
Glengarry enacts the following as a by-law:
SHORT TITLE
This by-law may be referred to as the "Animal Control By-Law".
PART 1 - DEFINITIONS
1.1
In this by-law;
a)
"Animal": means any member of the Animal kingdom, other than a
human.
b)
"Dog Pound": means a facility operated by the Township or
contracted by the Township for the care, keeping and impounding of
Animals and may include any Town Staff thereof where the context
permits.
c)
"At large": means where an Animal is in any place other than its
owner's lot and is not physically restrained by a capable person by
means of a Tether or otherwise.
d)
"Attack": means a Level 1 through 6 of Schedule 'C' with the absence
of a Mitigating factor.
e)
"Consistently and Persistently": means for a period of ten (10)
minutes at a time, more than three (3) times a day at least twice a
week.
f)
"Council": means the Council of the Corporation of the Township of
South Glengarry.
g)
"Dangerous dog": means any dog that, in the absence of a Mitigating
factor, has demonstrated the propensity to act in a significantly
menacing or aggressive fashion or displayed an apparent attitude of
Attack towards any person or an owner's Animal or has bitten,
Attacked or caused injury to any person or an owner's Animal.
h)
"Doghouse": means an exterior building or structure that is used, or
designed to be used, to provide shelter to one or more dogs.
i)
"Dog run": means a fenced area, designed for harbouring or
containment of dogs.
j)
"Highway": means a common and public Highway, street, avenue,
parkway, driveway, square, place, bridge, any part of which is
intended for or used by the general public for the passage of vehicles
and includes the area between the lateral property lines thereof.
k)
"Landowner" means a person holding registered title to a lot and
includes a lessee, tenant, occupant or a mortgagee in possession
thereof.
l)
"Manager": means the Township's Manager of Municipal Law
Enforcement and his or her designate or successor.
m)
"Microchip" means a standard identification device implanted into an
Animal, which contains a unique code that permits or facilitates
access to owner information, including the name and address of an
owner of the Animal.
n)
"Mitigating factor": means a circumstance which excuses the
aggressive behavior of an Animal and, without limiting the generality
of the foregoing, may include circumstances where such Animal was,
at the time of the aggressive behavior, acting in defence of an Attack
by a person or other Animal, acting in defence of its young, reacting
to a person or Animal trespassing on the lot of its owner or being
teased, tormented or similarly provoked.
o)
"Municipal Act": means the Municipal Act, 2001, S.O. 2001, c. 25, as
amended.
p)
"Muzzle": means a humane fastening or covering device of adequate
strength over the mouth to prevent a dog from biting, yet still allows a
dog to pant or drink.
q)
"Officer": means an Officer of the Township responsible for
enforcement of by-laws
r)
"Owner": means any person who keeps, possesses, harbours or has
custody, guardianship or control of an Animal and, where the owner
is a minor, any person responsible for the custody of the minor shall
be deemed to be the owner of the Animal.
s)
"Private property": means any land within the Township of South
Glengarry including yards and vacant lots that do not belong to the
owner.
t)
"Tether": means a rope, chain, leash, or other similar material tied to
a dog, so as to restrict its movement.
u)
"Township": means the corporation of the Township of South
Glengarry.
v)
"Unsafe weather" means weather conditions including but not limited
to extreme heat and cold, snow storms, freezing or heavy rain and
strong winds as determined by the Township.
PART 2- STANDARD OF CARE
2.1
Every owner of an Animal shall ensure that such Animal is kept in a
humane manner free of abuse and neglect and is provided with the
necessities and conditions to maintain and protect the Animal's well-
being including but not limited to the following:
a)
adequate food and water;
b)
an environment which is maintained in a sanitary condition and not
overcrowded by other Animals;
c)
appropriate shelter for the Animal which provides adequate space to
move;
d)
a shelter for the Animal which provides protection from exposure to
the elements such as Unsafe weather; and
e)
if required, veterinary care to prevent and relieve any distress to the
Animal caused by injury, disease or otherwise.
2.2
No owner shall cause or permit their Animal to remain outside during
Unsafe weather which may pose a risk to the Animal, except:
a)
where such Animal is outside for a short period of time and
supervised by its owner; or
b)
has access to a shelter which provides adequate protection.
2.3
Without limiting any other Section within this By-law, every owner shall
ensure that any enclosure provided for their Animal is:
a)
adequately ventilated;
b)
constructed and located to permit access to light;
c)
maintained in a clean and sanitary condition and free of offensive
odours;
d)
of a size to permit all Animals therein to comfortably extend their
bodies to their full natural extent, stand, sit, turn around, lie down and
if appropriate for such Animal, perch; and
e)
kept in good repair and maintained to ensure that it does not create
any danger to the health of any Animal contained therein for any
reason.
Exception
2.4
Any normal farm practice carried on in accordance with the Farming and
Food Production and Protection Act, 1998, S.O. 1998, c.1. shall be
exempt from compliance to part or all of Sections 2.1, 2.2 and 2.3.
PART 3- DOGS
DOG LICENCING
3.1
Every person who owns a dog shall ensure it has valid identification,
such as an identification tag or other similar means of identification
affixed to it at all times which shall include the name of the dog and
current contact information for the owner of such dog or a tag stating the
dog is Microchipped.
3.2
Every person who is a temporary, short term or otherwise resident, who
owns or harbours a dog, shall ensure that their dog has a valid
identification tag affixed to it at all times;
a)
For the purposes of subsection 3.2, a valid identification tag shall
include a valid licence from the residents permanent Municipality.
3.3
Notwithstanding section 3.1 and 3.2, a dog under the age of three (3)
months old does not require valid identification.
3.4
Every person who owns or harbours more than four (4) dogs on a
property shall obtain a valid Kennel Licence from the Township.
3.5
No person, other than the owner of the dog, shall remove the
identification tag from the dog.
DOG RESTRAINT
3.6
No person shall cause or permit a tether to be used that has a maximum
length of more than three (3) meters while on public land, Township
land, Highways, or private property.
3.7
Notwithstanding section 3.6, no person shall permit a tether of more than
three (3) meters, to be used on private property without obtaining written
permission from the landowner.
3.8
No person shall keep any dog with a tether that is not of sufficient
strength and design to restrain any dog for which it is used.
3.9
No person shall permit any rope, chain or similar restraining device to
be used to tether a dog unless such item is:
a)
securely attached to a permanently affixed object to ensure that the
dog is restrained when tethered;
b)
situated to permit the dog to move safely and unrestricted within the
length of the tethering device so the dog does not suffer any injury
resulting from the tether; and
c)
where used on the owner's lot for a dog which primarily lives outside,
such tether shall be a minimum of three (3) meters in length and shall
permit the dog access to an adequate source of food, water and
shelter.
3.10
No person shall permit a dog to be tethered unless it is adequately
supervised so as to prevent any nuisances, including but not limited to
barking, and to ensure that the dog remains free of any potential harm.
3.11
No person shall cause or permit a dog to be tethered using a choke
chain, choke collar, pronged collar or similar device which may
potentially cause harm to the dog, except as recommended in writing
by a qualified veterinarian.
3.12
No person shall permit a dog to be tethered for more than four (4)
consecutive hours or for more than six (6) hours in a twenty-four (24)
hour period.
DOG AT LARGE
3.13
No person shall cause or permit a dog to be at large at any time.
3.14
No person who owns, harbours, or possesses any dog shall cause or
permit the dog to run at large or trespass on private property even
when on a leash.
3.15
No person shall cause or permit a dog to be at large on Township
owned land, unless it is a designated and approved Township leash
free dog park.
3.16
For the purposes of section 3.13, an Animal shall not be considered at
large in the following circumstances:
a)
where a landowner permits the Animal to be on their lot, unless such
lot is commonly accessed by the general public;
b)
if a dog is appropriately supervised by its owner and is within a leash
free park; or
c)
where a service dog or police dog is actively engaged in carrying out
the work for which it was trained.
3.17
The Manager, animal control officer, or police may seize any dog which
is suspected of being at large.
3.18
Every person who seizes a dog for being at large shall inform the
Township or deliver the Animal to the Township or the Dog Pound.
3.19
Where a dog is seized by the Manager as a result of it being at large,
the Animal shall be delivered to the Dog Pound to be impounded or
released to its owner or euthanized, as the case may be.
3.20
The Manager may enter on any public property or on private property
with or without the consent of the owner or tenant of the property for
the purposes of seizing any dog running at large contrary to the
provisions of this by-law.
LEASH FREE DOG PARK
3.21
This section shall only be applicable to locations designated and
approved by the Township as a "Leash Free Dog Park".
3.22
An owner shall accompany their dog at all times while it is within a
leash free dog park to ensure that it remains under control and such
owner shall be capable of physically restraining the dog.
3.23
No person shall have or attempt to have in excess of three (3) dogs
under their care and control in a leash free dog park at any time.
3.24
Every child within a leash free park shall be supervised and
accompanied by their parent or a legal guardian at all times.
3.25
No owner shall cause or permit their dog to enter or use a leash free
dog park if the:
a)
dog poses any danger to, or frightens, other persons or dogs;
b)
dog displays, or has in the past displayed, aggressive behavior;
c)
dog is a Dangerous dog as per this by-law or any previous
Township Animal Control by-law;
d)
owner has been advised by the Manager, animal control officer,
Officer, Town Staff, police, or authorized agent on behalf thereof
that the dog is prohibited from using a leash free dog park; or
e)
owner has been convicted of an offence related to the conduct of
the dog under any Federal or Provincial legislation or a municipal
By-law.
3.26
No owner shall cause or permit their dog to enter or use a leash free
dog park unless such dog is:
a)
neutered or spayed;
b)
in good health and appropriately vaccinated;
c)
older than six (6) months; and
d)
adequately identified as required by section 3.1.
3.27
Every owner who permits their dog to enter or use a leash free dog
park shall:
a)
immediately remove the dog from the leash free park if:
i it shows any aggressive behavior toward a person or other
dog; or
ii a police constable, Officer, Town Staff or authorized agent
on behalf thereof that requests the removal of the dog for
any reason;
b)
ensure that such dog is under voice control and within their sight at
all times; and
c)
immediately remove any excrement left by such dog and dispose of
appropriately.
3.28
Every owner shall ensure that their dog is controlled by tether when
entering and leaving a leash free dog park.
3.29
No person shall cause or permit any Animal other than a dog to enter or
remain within a leash free dog park.
BARKING
3.30
No person shall allow a dog to bark Consistently and Persistently,
causing a nuisance to the neighbours.
3.31
No person shall encourage or bait a dog to bark Consistently and
Persistently, causing a nuisance to the neighbours.
EXCREMENTS
3.32
Every owner shall ensure that any dog excrement left by their dog on a
Highway, public, or private property, is immediately removed and
disposed of in a sanitary manner with the exception where:
a)
the owner of the Animal is the property owner of the lot on which the
excrement was left; or
b)
due to a physical disability, the handler of a service dog is unable to
remove excrement left by such Animal.
3.33
Every owner of a dog that is the Landowner shall ensure that any dog
excrement is removed from their property to ensure that it does not
create a nuisance by reason of odour, sight or otherwise, within the
specified timeframe below:
a)
Within three (3) days for any property within any property zoned as
Residential, Limited Services Residential, or Estate Residential; or
b)
Within seven (7) days for property outside those listed in 3.33a).
ENCLOSURES
3.34
Every person shall ensure any Doghouse which is provided for a dog
shall:
a)
be soundly constructed and made of a hard, durable material so as
to be weatherproof and impervious to water;
b)
have a maximum height of no more than two (2) meters as measured
from the midpoint of the roof of the Doghouse and the ground directly
below such point;
c)
include clean and dry bedding sufficient for all dogs therein; and
d)
where the Doghouse is used by a dog in cold weather, it shall have:
i an elevated floor to prevent direct contact with the surface of
the ground
ii a flap affixed over the door to provide protection from the
elements; and
iii adequate insulation of the walls, floor and roof to retain heat
and sufficiently protect any dog therein against cold weather.
3.35
Every owner shall ensure that any dog run which is provided for their
dog shall:
a)
be fully enclosed and constructed to prevent the escape of any dog
therein;
b)
not have any individual side which is less than one (1) meter in length;
c)
have a minimum area of nine and a half (9.5) meter square to be
increased by three (3) meter square for each additional dog therein
over the number of one (1);
d)
have a height of no less than one (1) meter above the tallest dog in a
standing position kept therein; and
e)
include a section maintained in a dry condition and of sufficient size
to permit a dog within to lie down.
3.36
Every owner shall ensure that any Doghouse or dog run provided for a
dog is:
a)
located in a rear yard or side yard;
b)
set back at least two (2) meters from any lot line;
i when located within an exterior side yard, the set back shall
meet the applicable Zoning By-law;
c)
maintained in good repair; and
d)
maintained in a clean and sanitary condition free of obnoxious
odours.
3.37
No person shall cause or permit a dog to be kept in a dog run for more
than twenty (20) hours within a twenty-four (24) hour period and, during
such time as the dog is required to be released, it shall not be tethered.
PART 4- DANGEROUS DOGS
4.1
Every owner shall ensure that, in the absence of a mitigating factor,
their dog does not:
a)
bite, attack or cause injury to any person or an owner's Animal; or
b)
behave in an aggressive or menacing manner to any person or an
owner's Animal.
4.2
Section 4.1 does not apply to any dog actively engaged in law
enforcement activities on behalf of a police force.
4.3
Where a level 1 or 2 (see Schedule 'C') attack has been determined to
have occurred without mitigating factor, and it is the first attack on
record, the Manager shall issue a notice of attack to the dog owner.
4.4
Where a level 1 or 2 (see Schedule 'C') attack has been determined to
have occurred without mitigating factor, and it is the second attack on
record, the Manager shall issue a Dangerous Dog Order to the owner,
declaring the dog as dangerous.
4.5
Where a level 3 to 6 (see Schedule 'C') attack has been determined to
have occurred without mitigating factor, the Manager shall issue a
Dangerous Dog Order to the owner, declaring the dog as dangerous.
4.6
Where the Manager has declared a dog as dangerous as per sections
4.4 and 4.5, the Dangerous Dog Order may be issued to any owner of
such dog and, without limiting any other section of this By-law, such
order shall include the following conditions:
a)
Every owner of a Dangerous dog shall ensure that, when the dog is
on the owner's lot, it is safely restrained and incapable of causing
injury to any person or an owner's Animal entering on the lot, by
ensuring that the dog is;
i secured in a dwelling on the lot; or
ii when outdoors:
1. enclosed in a fully fenced rear yard or side yard where
such fence, and any gate that is part thereof, is of
sufficient height, design, and condition to prevent the
dog from escaping the yard under any circumstances;
or
2. kept in a dog run in a rear yard or side yard and such
dog run shall be of sufficient height, design, and
condition to prevent the dog from escaping or causing
harm to any other Animal therein under any
circumstances.
b)
Every owner of a Dangerous dog shall ensure, where a Dangerous
dog is in any place, other than its owner's lot in accordance with
section 4.6, such dog shall:
i be equipped with a Muzzle fitted over its mouth; and
ii restrained by a leash under the direct physical control of a
capable person over 18 years of age.
c)
Every owner of a Dangerous dog is prohibited from entering and
using any leash free dog park with their Dangerous dog;
d)
Every owner of a Dangerous dog shall ensure the Dangerous dog
has valid identification, in accordance with section 3.1, and proof, in
a form satisfactory to the Manager, shall be provided to the
Township;
e)
Every owner of a Dangerous dog shall provide the Manager with a
photograph of the Dangerous dog, and any other identifying
information deemed necessary;
f)
Every owner of a Dangerous dog shall provide the Manager with
copies of the most updated records of the Dangerous dogs' rabies
vaccination;
g)
Every owner of a Dangerous dog shall have a warning sign, in a
form approved by the Manager, conspicuously displayed in all
entrances where the Dangerous dog is kept and such signs shall
clearly indicate the dog's presence to any approaching person; and
h)
The owner of a Dangerous dog shall upon request provide a status
update to the satisfaction of the Manager in respect of the
Dangerous dog and shall provide notification to the Manager within
48 hours of:
i any change to the residency or ownership of the Dangerous
dog; or
ii the death of the dog.
4.7
A Dangerous Dog Order shall expire upon the death of such dog.
4.8
A Dangerous Dog Order shall be deemed served;
a)
On the day of delivery if served by hand; or
b)
On the fifth (5th) day following the date of mailing if served by
registered mail.
4.9
4.10
Where any dog was declared a Dangerous dog in accordance with a
previous Township Animal Control By-law, even where repealed, such
dog shall be deemed to be a Dangerous dog pursuant to this By-law
and shall continue to be subject to the terms of any applicable order in
effect at the time of the enactment of this By-law.
Appeal of Dangerous Dog Order
4.11
An owner of a Dangerous dog may appeal the order declaring a dog to
be dangerous after the following criteria has been met:
a)
Within seven (7) days from service of the Dangerous Dog Order; or
b)
After a minimum of two (2) years since the last reported attack, and
the owner submits;
i sufficient proof of successful completion of obedience,
behavioural, or any similar training by a qualified person;
and
ii a letter from a qualified dog trainer stating the dog is not
likely to attack again.
4.12
Every owner who makes an application or request to appeal a
Dangerous Dog Order shall be made to Council, and Council may:
a)
Confirm the order; or
b)
Exempt the owner in whole or in part from compliance with the
order.
4.13
Any application or request to appeal an order declaring a dog as a
Dangerous dog shall not act as a stay of the order including any
condition or requirement imposed therein.
PART 5- RABIES
5.1
Every owner of a dog which has bitten a person, shall place the dog in
quarantine for a period of ten (10) days.
5.2
At the discretion of the Manager a dog may be held in quarantine on
the premises of the owner, or in a veterinary hospital, or a licensed
kennel of the owner's choice and at the owners expense.
5.3
A dog held in quarantine under section 5.1 and 5.2, shall not be
released from such quarantine without permission from the Manager or
the expiration of ten (10) days symptom free.
5.4
For the purposes of section 5.3, symptoms in a dog shall include any
one of the following, depending on the type of rabies:
a)
Dumb Rabies: the dog becomes depressed and tries to hide
in isolated places or paralysis (areas most affected are the
face or neck- which causes abnormal facial expressions or
drooling- or the hind legs).
b)
Furious Rabies: the dog becomes very excited and
aggressive, periods of excitement usually alternate with
periods of depression, may attack objects or other animals.
The dog may even bite or chew their own limbs.
5.5
If a dog develops any of the symptoms described in section 5.4, the
owner shall contact the Public Health Unit and the Township as soon
as possible.
PART 6- KENNELS
6.1
For the purposes of Part 6 of this by-law;
a)
"owner": means the owner or operator of a Kennel.
6.2
No person shall keep, board, house or breed more than four (4) dogs at
a time on any premises within the Township unless the premises is:
a)
licensed by the Township as a breeding or a boarding kennel; or
b)
an accredited veterinary facility under the supervision of a
veterinarian licensed under to the Veterinarians Act, R.S.O. 1990,
Chapter V.3, as amended.
6.3
Every person who proposes to operate a kennel where more than 15
dogs would be kept at a time, shall, before applying for a licence under
this by law, apply to the Council for approval to apply for the licence.
6.4
After receiving an application made under section 6.3, the Council shall:
a)
pass resolution granting the application and specifying the maximum
number of dogs that the applicant may keep at one time in the kennel;
or
b)
pass a resolution refusing the application.
6.5
An application for a licence under this section shall include:
a)
the application licence fee, as set out in Schedule 'B';
b)
proof that the proposed or existing kennel complies to the satisfaction
of the Manager, with the requirements of this by law and any other of
the Township's by-laws;
c)
any site plan and site plan approval required by a by-law or by a
provincial or federal statute or regulation; and
d)
upon receiving a properly completed application, along with the
applicable fee in Schedule 'B', the Township shall grant the requested
licence.
6.6
Every owner of a breeding or a boarding kennel shall maintain all parts
of the kennel in a clean and sanitary condition, free of accumulated
excrement.
6.7
Every owner of a breeding or a boarding kennel shall remove excrement
and other waste resulting from the operation of the kennel daily.
6.8
Upon the death of a dog being kept in a breeding or a boarding kennel,
every owner of a kennel shall, in addition to the other requirements of
this By-Law, immediately remove the dead body from its cage or pen to
an area that is not being used to house other Animals.
6.9
Every owner of a breeding or a boarding kennel shall ensure that a cage
used for housing a dog in the kennel is constructed and maintained so
that the floor of the cage remains clean, dry, sanitary and safe.
6.10
Every owner of a breeding kennel or a boarding kennel who allows a
dog to use an outdoor dog run shall ensure that:
a)
when the dog moves from an indoor location to the outdoor area, the
change in environment will not cause harm to the dog;
b)
surface water readily drains from the ground within the dog run;
c)
the dog run is fenced or otherwise appropriately enclosed to prevent
the dog from escaping;
d)
the dog run is free from conditions or materials that pose a threat of
harm to the dog; and
e)
every dog within the dog run has ready access to an individual shelter
that is large enough to comfortably accommodate the dog and is
constructed and maintained to provide a dry shelter from direct
sunlight, precipitation, and wind.
6.11
Every owner of a breeding or a boarding kennel shall ensure that every
room or cage in which a dog is housed within the kennel is:
a)
maintained at a temperature that is appropriate for the welfare of the
particular dog, considering its breed and medical condition;
b)
fully lit for at least eight (8) continuous hours every day;
c)
ventilated as required for the health and comfort of the dog;
d)
the litter or bedding material is changed daily and kept dry, clean and
free of obnoxious odours and fumes;
e)
cleared of any excrements or other waste inside the cage promptly;
f)
cleaned and sanitized daily, including the cage rack or portion of the
cage rack used in connection with the cage;
g)
cleaned and sanitized prior to placing any dog in cage previously
occupied by another dog;
6.12
Every owner of a breeding or a boarding kennel shall ensure that every
dog in a room or cage within the kennel is:
a)
Provided with food and water in a container that can be readily
sanitized; and
b)
Provided with food and water in containers that are placed directly on
the floor of the cage in which the dog is located.
6.13
No owner of a breeding or boarding kennel shall keep a dog in a dog
run or other fenced area unless the fence is constructed of chain link,
vertical board, or corn crib wire.
6.14
An owner of a boarding kennel is exempt from the requirements of
section 3.1 in respect of a dog that is temporarily in his or her care
provided that:
a)
the dog is currently registered with another municipality, and a
uniquely numbered registration tag from the other municipality is
securely affixed on the collar or harness of the dog at all times.
6.15
Every owner shall meet the requirements of the applicable zoning
regulations of the Township.
Renewal
6.16
Every owner of a breeding or boarding kennel shall renew their Kennel
licence prior to March 1st every year.
6.17
Every owner of a breeding or boarding kennel shall pay the Kennel
Licence Fee, as per Schedule 'B'.
Revocation
6.18
A Kennel licence is considered automatically revoked if a complete
licence renewal application is not submitted to the Township prior to
March 1st of that calendar year.
6.19
The Township's Manager may, at any point, revoke a person's kennel
licence where:
a)
a contravention of any section of this By-Law occurs;
b)
the licence was issued in error; or
c)
continuation of the operation poses an immediate danger to the
health or safety of any person, animal, or property.
6.20
Where the Manager believes on reasonable grounds, that a licensed
kennel may not be in compliance with the requirements of this by-law,
the Manager may require that the owner of the kennel allow the
Manager to enter the premises to inspect the kennel.
6.21
Every owner of a kennel shall, upon receipt of an inspection request
under section 6.20 grant the Manager or an animal control Officer
access to the kennel premises.
6.22
Where in the opinion of the Manager a kennel is in a state of non-
compliance with this by-law or is creating or is likely to create a public
health risk, the Manager may order the owner of the kennel in writing,
to rectify the non-compliance within a specific time period that is
reasonable in the circumstances.
6.23
Every kennel owner shall comply with an order made under section
6.22 within the time specified in the order.
6.24
In evaluating compliance with the requirements of this by-law the
Manager may require an applicant for, or a holder of, a kennel;
a)
to provide the Manager with information that he or she deems
necessary for this purpose; and
b)
to allow the Manager to inspect the kennel or proposed kennel
premises.
6.25
In executing his or her duties with respect to any kennel or proposed
kennel, the Manager may retain the services of a qualified veterinarian
who is familiar with generally accepted kennel practices to write a
report evaluating the practices of the licensed or proposed kennel. The
Manager shall provide copies of any report generated by the
veterinarian to the owner of the kennel or proposed kennel.
6.26
The Township shall invoice the owner of the kennel for the cost of the
veterinary services obtained under section 6.25. The owner of the
kennel shall pay the invoice within thirty (30) days, after which time any
outstanding amount, plus interest calculated from the date of the
invoice, shall be added to the tax demand for the land occupied by the
kennel.
Transfers
6.27
Every person who operates a kennel shall only transfer a kennel
licence following written approval from the Manager.
PART 7- DOG POUND
Impounded Dogs
7.1
At the discretion of the Dog Pound, any dog that is delivered as a result
of it being at large may be impounded.
7.2
Every dog that is impounded shall be held by the Dog Pound for a
minimum redemption period of three (3) days exclusive of the day on
which the dog was impounded, statutory holidays, and any day which
the Dog Pound is closed.
7.3
The Dog Pound shall keep a record of each dog that is impounded
including but not limited to the date of impoundment, a description of the
dog, any identification or contact information found on the dog and the
date and manner of disposition.
7.4
Where a dog is not redeemed by its previous owner within the
established timeframe pursuant to section 7.2, such dog shall become
the sole property of the Dog Pound and may be made available for
adoption, sold, transferred to a new owner, humanely euthanized or
otherwise.
Redemption
7.5
During the period established pursuant to section 7.2, a dog may be
redeemed by its previous owner and released from the Dog Pound if
such person provides satisfactory identification of the dog and upon:
a) payment of all applicable fees as set out by the Dog Pound;
b) reimbursement to the Township for any costs incurred as a result of
veterinary or other care deemed necessary for the wellbeing of the
Animal while it was impounded; and
c) affixing valid dog identification on the dog as per section 3.1.
Adoption
7.6
A person may only be eligible to adopt a dog from the Dog Pound if they
are, to the satisfaction of the Dog Pound, capable of providing proper
care to such dog and may be reasonably expected to meet the
requirements of this By-law.
7.7
Every person who intends to adopt a dog from the Dog Pound shall:
a) complete an application on an accepted form by the Dog Pound;
b) ensure proper identification is affixed to the dog or have a Microchip
implanted in the dog, both of which shall require the current contact
information of the adopting person; and
c) pay all applicable fees as set out by the Dog Pound.
7.8
The Dog Pound may refuse the adoption of a dog for any reason.
PART 8- PROHIBITED ANIMALS
8.1
No person shall keep or permit to be kept anywhere within the municipal
boundary any animal prohibited in accordance with Schedule 'D'
attached to and forming part of this by-law in any building or structure in
any zone unless otherwise permitted by the Township's Zoning By-Law.
PART 9 - ADMINISTRATION AND ENFORCEMENT
9.1 This by-law shall be enforced on a basis of written complaints, unless
the Manager is aware of an obvious unsafe condition warranting
correction.
9.2 The Manager will not inspect the entire premises or suite but will inspect
only those items which are the subject of the written complaint.
9.3 Notwithstanding 9.2, the Manager may inspect other areas or items
believed
to
be
unsafe.
9.4 The Manager is authorized to administer and enforce this By-law
including but not limited to:
a)
arranging for:
i the assistance or work of Township staff, or Township
agents;
ii the making of orders or other requirements and the
imposition of conditions as authorized under this By-law;
iii the obtaining of court orders or warrants as may be required;
iv the commencement of such actions on behalf of the
Township to recover costs or restrain contravention of this
By-law as deemed necessary; and
b)
prescribing the format and content of any forms or other documents
required under this By-law.
9.5 The Manager may assign Officers to enforce this By-law and Officers so
assigned or appointed by Council to enforce this By-law shall have the
authority to:
a)
carry out inspections;
b)
make orders or other requirements as authorized under this By-law;
and
c)
give immediate effect to any orders or other requirements made
under this By-law.
9.6 The Manager may assign duties or delegate tasks under this By-law to
be carried out in the Manager's absence or otherwise.
Entry and Inspections
9.7 An Officer may enter on land at any reasonable time and in accordance
with the conditions set out in sections 435 and 437 of the Municipal Act,
2001 for the purpose of carrying out an inspection to determine whether
or not the following are being complied with:
a)
this By-law;
b)
a direction or order made under this By-law;
c)
an order made under s. 431 of the Municipal Act, 2001.
9.8 An Officer may, for the purposes of the inspection under Section 9.7 and
in accordance with the conditions set out in section 436 of the Municipal
Act, 2001:
a)
require the production for inspection of documents or things relevant
to the inspection;
b)
inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
c)
require information in writing or otherwise as required by the Officer
from any person concerning a matter related to the inspection; or
d)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
9.9 An Officer may undertake an inspection pursuant to an order issued by
a provincial judge or justice of the peace under Section 438 of the
Municipal Act, 2001, in accordance with the conditions set out in that
section, where he or she has been prevented or is likely to be
prevented from carrying out an inspection under Sections 9.7 and 9.8.
9.10 No Person shall interfere with or obstruct an Officer while performing
their duties under this by-law.
Orders including Delivery
9.11 If an Officer is satisfied that a contravention of this By-law has occurred,
he or she may make an order requiring the person who contravened the
By-law or who caused or permitted the contravention or the owner or
occupier of the property on which the contravention occurred to do work
to correct the contravention.
9.12 An order under Section 9.11 shall set out:
a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of property on which the contravention
occurred;
b)
the work to be completed;
c)
the date or dates by which the work must be completed; and
d)
notice that if the order is not complied with, then the work may be
done at the expense of the owner;
e)
notice that if the cost of work plus administration fees are not paid in
time, they may be recovered by adding the amount to the tax roll for
the Property.
9.13 Delivery of an order to discontinue a contravening activity made under
Section 9.11 or an order to do work made under Section 9.12 may be
given personally or by registered mail to the last known address of:
a)
the owner; and
b)
such other persons affected by the order as an Officer determines.
Delivery by registered mail shall be deemed to have taken place on the fifth (5th)
day after the date of mailing.
9.14 In addition to delivery in accordance with Section 9.13, an order to
discontinue contravening activity made under Section 9.11 or an order
to do work made under Section 9.9 may be delivered by an Officer
placing a placard containing the order in a conspicuous place on the
property where the contravention occurred.
9.15 Where a time frame is set out in an order for carrying out any action, an
Officer may extend the time for compliance beyond the established time
frame provided such extension is required and is acceptable to the
Officer.
9.16 No person shall fail to comply with an Order issued pursuant to this By-
Law.
Township Carrying Out Work
9.17 Where a person does not comply with a direction or a requirement within
an order, under this By-law to do a matter or thing, the Manager, in
addition to all other remedies, may cause the Property to be brought into
compliance with this by-law. For this purpose, the Manager with such
assistance by others as may be required, may enter onto the Property
at any reasonable time without further notice to the Owner in order to do
such work necessary to achieve compliance with this by-law at the
person's expense.
9.18 The Township may recover the costs of doing a matter or thing by action
or by adding the costs to the tax roll and collecting them in the same
manner as property taxes and such costs shall include an administration
fee of 30 per cent (30%). The amount of the Township's costs, including
interest to the date payment is made in full, constitutes a lien upon the
land, upon the registration of a notice of lien upon the land.
Penalties
9.19 Every person who contravenes any provision of this by-law is guilty of
an offence and, upon conviction, is liable to:
a)
a set fine as set out in Schedule 'A'; or
b)
a fine as provided for in section 61 of the Provincial Offences Act,
R.S.O 1990, c. P.33.
9.20 Where a person is convicted of an offence under this by-law, the Ontario
court of Justice or any court of competent jurisdiction thereafter may, in
addition to any other penalty imposed on the person convicted, make an
order prohibiting the continuation or repetition of the offence by the
person convicted.
Validity and Severability
9.21 If a court of competent jurisdiction should declare any section or part of
a section of this by- law to be invalid, such section or part of a section
shall not be construed as having persuaded or influenced Council to
pass the remainder of the by-law, and it is hereby declared that the
remainder of the by-law shall be valid and shall remain in force.
9.22 Where a provision of this by-law conflicts with the provision of another
by-law in force within the Township, the provisions that establish the
higher standards to protect the health, safety and welfare of the general
public shall prevail.
Repeal
9.23 On the date this by-law comes into effect, By-Law 07-11 as amended
shall be hereby repealed.
9.24 This By-law shall come into force upon the date of passing by Council.
READ A FIRST AND SECOND TIME IN OPEN COUNCIL THIS 21ST DAY OF
MARCH, 2022.
READ A THIRD AND FINAL TIME, PASSED, SIGNED AND SEALED IN
OPEN COUNCIL THIS DAY 18TH DAY OF APRIL, 2022
MAYOR: CLERK:
SCHEDULE 'A'
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
Set Fine Schedule
Part 1 Provincial Offences Act
By-Law No.##-2022: Animal Control
Item
Short Form Wording
Provision
Creating or
Defining of
Offence
Set
Fine
1
Fail to provide animal with food and water
2.1a
$500.00
2
Fail to keep animal in a sanitary
environment
2.1b
$350.00
3
Fail to provide animal with adequate space
2.1c
$350.00
4
Fail to provide animal with protection from
unsafe weather
2.1d
$350.00
5
Fail to provide animal with veterinary care
2.1e
$350.00
6
Fail to provide animal with appropriate
enclosure
2.3
$350.00
7
Fail to provide dog with valid identification
3.1
$350.00
8
Fail to obtain a Kennel Licence
3.3
$350.00
9
Removed identification tag from the dog
3.4
$350.00
10
Fail to use tether of 3m or less
3.6
$350.00
11
Fail to use tether of appropriate strength for
dog
3.8
$350.00
12
Fail to appropriately tether dog
3.9
$350.00
13
Fail to provide supervision for tethered dog
3.10
$350.00
14
Permit dog to be tethered using a
potentially harmful collar device
3.11
$350.00
15
Permit dog to be tethered for more than 4
consecutive hours in a 24hour period
3.12
$350.00
16
Permit dog to be tethered for more than 6
hours in a 24hour period
3.12
$350.00
17
Permit dog to run at large
3.13
$350.00
18
Permit dog to trespass on Private Property
3.14
$350.00
19
Fail to deliver seized dog to the Township
or Dog Pound
3.18
$350.00
20
Fail to accompany dog within leash free
dog park
3.22
$350.00
21
Fail to keep less than 4 dogs in your care at
a leash free dog park
3.23
$350.00
22
Fail to accompany child within leash free
dog park
3.24
$350.00
23
Permit dog who poses danger to persons
and dogs to enter leash free dog park
3.25a
$350.00
24
Permit dog who displays aggressive
behaviour in leash free dog park
3.25b
$350.00
25
Permit dangerous dog in leash free dog
park
3.25c
$350.00
26
Permit dog who has been prohibited form
using a leash free dog park, in leash free
dog park
3.25d
$350.00
27
Permit dog who has been convicted of an
offence related to dog conduct, in leash
free dog park
3.25e
$350.00
28
Permit unneutered or unspayed dog in
leash free dog park
3.26a
$350.00
29
Permit unvaccinated dog in leash free dog
park
3.26b
$350.00
30
Permit dog under age of 6months in leash
free dog park
3.26c
$350.00
31
Permit dog without valid identification in
leash free dog park
3.26d
$350.00
32
Fail to immediately remove aggressive dog
from leash free dog park
3.27a)i.
$350.00
33
Fail to remove dog from leash free dog park
following request from officer or town
designate
3.27a)ii.
$350.00
34
Fail to immediately remove excrement
3.27c)
$350.00
35
Fail to keep dog tethered while entering
leash free dog park
3.28
$350.00
36
Fail to keep dog tethered while leaving
leash free dog park
3.28
$350.00
37
Permit any animal other than a dog within a
leash free dog
3.29
$350.00
38
Permit dog to bark consistently and
persistently
3.30
$350.00
39
Encourage dog to bark consistently and
persistently
3.31
$350.00
40
Fail to immediately remove excrement from
public property
3.32
$350.00
41
Fail to immediately remove excrement from
private property
3.32
$350.00
42
Fail to remove excrement within 3 days
3.33a)
$350.00
43
Fail to remove excrement within 7 days
3.33b)
$350.00
44
Fail to ensure doghouse is adequately
constructed and maintained
3.34
$350.00
45
Fail to ensure dog run is adequately
constructed and maintained
3.35
$350.00
46
Fail to ensure doghouse is located in rear
or side yard
3.36a)
$350.00
47
Fail to ensure dog run is located in rear or
side yard
3.36a)
$350.00
48
Fail to ensure doghouse is at least 2m from
lot line
3.36b)
$350.00
49
Fail to ensure dog run is at least 2m from
lot line
3.36b)
$350.00
50
Fail to ensure doghouse is kept in a
sanitary condition
3.36d)
$350.00
51
Fail to ensure dog run is kept in a sanitary
condition
3.36d)
$350.00
52
Permit dog to be kept in a dog run for more
than 20hours within a 24hour period
3.37
$350.00
53
Allow dog to bite, attack, or cause injury
4.1a)
$350.00
54
Allow dog to behave in an aggressive
manner
4.1b)
$350.00
55
Fail to comply with a Dangerous Dog order
4.6
$350.00
56
Fail to place dog in quarantine for ten (10)
days
5.1
$350.00
57
Keep more than 4 dogs without a kennel
licence
6.2a)
$350.00
58
Keep more than 15 dogs without Council
approval
6.3
$350.00
59
Fail to maintain sanitary kennel
6.6
$350.00
60
Fail to remove feces from kennel daily
6.7
$350.00
61
Fail to immediately remove dead dog from
kennel
6.8
$350.00
62
Keep dog in improperly constructed or
maintained cage
6.9
$350.00
63
Allow dog to use improperly constructed or
maintained dog run
6.10
$350.00
64
House dog in inadequate room or cage
6.11
$350.00
65
Fail to clean dog cage in kennel daily
6.11f)
$350.00
66
Use improper fencing materials in kennel
6.13
$350.00
67
Fail to comply with an order
6.23
$350.00
68
No person shall keep or permit to be kept
any prohibited animals
8.1
$350.00
69
Obstructing an Officer
9.10
$500.00
70
Fail to comply with an Order
9.16
$350.00
Note: The general penalty provision for the offences listed above is Section 9.18 of
By-law no. ##-2022, a certified copy of which has been filed and s. 61 of the
Provincial Offences Act, R.S.O. 1990, c.P.33
SCHEDULE 'B'
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
By-Law No.##-2022: Animal Control
Service Use and Activity Charges
Item Service or Activity Fee
Fee
1.
Kennel Licence
Where an application for a Kennel Licence is submitted the fee
indicated must be paid in full.
$ 150.00
2.
1st Order.
Where the informal notice has not been complied with, for the
first Order issued in respect to any property.
$ 50.00
3.
Subsequent Orders.
Where there has been a previous Order issued, each
subsequent Order issued thereafter.
$ 350.00
4.
Township undertakes to complete the work.
Where the Township undertakes to complete the work
required to comply with any final order.
Cost of the work
performed plus
an administrative
fee of 30%
5.
Certificate of Compliance.
Where after inspecting a property, an Officer, may on the
request of the Owner, issue the Owner a certificate of
compliance.
$25.00
SCHEDULE 'C'
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
By-Law No.##-2022: Animal Control
Animal Attack Levels
Level
Descriptions
1
Obnoxious or aggressive behaviour but no skin contact by teeth & no
injury. Dog growls, snarls, lunges, but no teeth touch skin.
2
Skin contact by teeth. Includes skin nicks, scrapes, redness/welts
caused by movement of teeth; may also include movement of dog's
nails/claws against the skin. Mouth/teeth touch skin and there are
pressure marks or indentations that leave scratches or abrasions and
there may be slight bleeding caused by forward, backward or lateral
movement of teeth against skin - no distinct punctures.
3
One to four punctures from a single bite with no deep punctures (less
than ½ the length of the dog's canine teeth). There may be skin tearing
(abrasions or shallow lacerations) in a single direction, caused by the
victim pulling or owner pulling dog away, or gravity (e.g. dog jumps up).
4
One to four punctures from a single bite with at least 1 deep puncture
(deeper than ½ the length of the dog's canine tooth. May include deep
bruising around the wound (dog held on for a number of seconds and
bore down) or lacerations in both directions (dog held on an shook its
head from side to side). With this type of bite, the dog clamps down and
there is not a quick release (bite -hold). Lacerations will often occur as
the individual pulls away while the dog has a hold with their teeth.
5
Multiple-bite incident with at least two level 3 bites or multiple-Attack
wounds with at least one level 3 bite in each. Includes severe injuries as
a result of an Attack (i.e. fracture). Dog bites multiple times in a row,
connecting with the skin, causing punctures and often tears. Some bites
may be bite-release and some may be bite-hold. The dog does not bite
and back away but instead bites, releases and then lunges forward again
immediately often directing the bite toward vulnerable areas. These are
serious bites that can be life threatening.
6
victim (human or Animal) is deceased as a result of bite or Attack.
SCHEDULE 'D'
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
By-Law No.##-2022: Animal Control
Prohibited Animals
Class
Type
Common Names
Permitted Exceptions
Arachnida
Araneae
Spiders
Scorpiones
Scorpions
Aves
Accipitriformes
Hawks and eagles
Anseriformes
Ducks, geese and swans
Apterygiformes
Kiwis
Casuariiformes
Emus and cassowaries
Columbiformes
Pigeons and doves
Falconiformes
Falcons
Galliformes
Pheasants, grouse, guineafowls,
turkeys, chickens and peafowls
Gruiformes
Cranes
Phoenicopteriform Flamingoes
Rheiformes
Rheas
Sphenisciformes
Penguins
Strigiformes
Owls
Struthioniformes
Ostriches
Mammalia
Artiodactyla
Cattle, goats, sheep, swine, deer, elk,
camels, llamas, alpacas and reindeer
(caribou)
Carnivora
Wolves, coyotes, foxes, fox hybrids,
wolf hybrids, hyenas, tigers, leopards,
jaguars, cougars, lions, lynx, cheetahs,
servals, hybrid bengal, savannah and
chausie cats and similar hybrids,
minks, skunks, weasels, otters,
badgers, mongoose, civets, genets,
cacomistles, raccoons, kinkajous,
bears, seals and walruses
Domesticated
dogs
Domesticated
cats (Felis
Catus)
Domesticated
ferrets
Chiroptera
Bats, myotis and fruit bats
Eulipotyphla
Shrews
African pygmy
Lagomorpha
Hares and pikas
Domesticated rabbits
Marsupialia
Koalas, kangaroos, possums,
opossums, wombats and
wallabies
Domesticated sugar
gliders derived from a
self-sustaining captive
population
Perissodactyla
Horses, donkeys, mules, zebras and
ponies
Primates
Gorillas, monkeys, chimpanzees,
lemurs, orangutans and bush
babies
Proboscidea
Elephants
Rodentia
Porcupines, prairie dogs and nutria
Domesticated rodents
such as hamsters,
gerbils, chinchillas and
guinea pigs which do
not exceed 1,500
grams and are derived
from a self-sustaining
captive population
Scandentia
Treeshrews
Xenarthra
Anteaters, armadillos and sloths
Reptilia
Crocodilia
Alligators, crocodiles, gavials and
caimans
Squamata
Iguanas, savannah monitors, pythons
and boas (including anacondas)
Non-venomous or non-
poisonous lizards
which have a
maximum length of
less than 70
centimetres and are
not commonly
expected to exceed
that length
Non-venomous or non-
poisonous snakes
which have a
maximum length of
less than 2 metres and
are not commonly
expected to exceed
that length
Testudines
Terrapins, tortoises and turtles
Domesticated
turtles derived
from a self-
sustaining
captive
population; not
including
snapping turtles.
Other
All venomous or
poisonous
animals.