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THE CORPORATION OF THE MUNICIPALITY
OF ST.-CHARLES
BY-LAW 2024-27
BEING A BY.LAW TO REGULATE, LICENSE AND CONTROL ALL ANIMALS IN
THE MUNICIPALITY OF ST..CHARLES
WHEREAS Sections 8, 9 and 10 of the Municipal Act, 2001, as amended,
authorize a municipality to pass By-Laws necessary or desirable for municipal purposes,
and in particular paragraphs 5, 8 and 9 of subsection 10(2) authorize By-Laws respecting:
the economic, social and environmental well-being of the Municipality; the protection of
persons and property; and animals;
AND WHEREAS Section 103 of the Municipal Act, 2001, as amended, provides
that where a municipality has passed a By-Law to iegulate or prohibit with respect to the
being at large or trespassing of animals, the Municipality may provide for the seizure,
impounding and sale of seized and impounded animals;
AND WHEREAS Section 105 of the Municipal Act,2001, as amended requires
Council to hold a hearing to determine 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 Section 391 of lhe Municipal Act, 2001, as amended, provides
that a municipality may pass By-Laws imposing fees or charges for services or activities
provided or done by or on behalf of the Municipality;
AND WHEREAS Section 425 of lhe Municipal Act, 2001, as amended, provides
that a municipality may pass By-Laws providing that a person who contravenes a By-Law
of the Municipality passed under the Municipal Act, 2001 is guilty of an offence;
AND WHEREAS it is considered desirable to pass a By-Law relating to Animal
Control within the Municipality of St.-Charles.
NOW THEREFORE, the Council for the Corporation of the Municipality of St.-
Charles hereby enacts as follows:
1.
SHORT TITLE:
1.1. The short title of this By-Law shall be the "Responsible Animal Ownership By-Law"
By-Law 2024-27 - Responsible Animal Ownership
Page 1 of25
2.
DEFINITIONS
2.1
"Abandonmentn' means ceasing to care for an animal in circumstances that may
cause the animal harm or leaving an animal in the care of another person or
business without that persons or businesses express knowledge and permission.
2.2
"At Large" means any animal found in any place other than the premises of the
owner of the animal, or other private property with the consent of the owner of that
property and not under the immediate physical control of any competent or
reasonable person by means of a leash that is no more than two (2) metres in
length.
2.3 "Gat" means a male or female domesticated cat.
2.4 "Control" includes care and custody
2.5 'oGouncil" means the elected Council for the Municipality of St.-Charles
2.6 "Daycare Facility" means a premise that offers care and housing of dogs for profit
for a period of no more than ten (10) hours in any twenty-four Q$ hour period per
dog. For the purpose of this By-Law, a Daycare Facility is not considered to be a
kennel.
2.7 "Disabled Person" means a person with a disability
2.8
2.9
"Disability" means both visible and non-visible disabilities pursuant to the Human
Rights Code of Ontario
"Dispatch" means to destroy, euthanize, or othenruise cause the death of an
animal.
2.10 "Dog" means a canine of the species canis familiaris and shall include a male or
female dog.
2.11 "Domestic Animal" includes a dog, cat or similar animal kept as a pet which is
generally understood to be domesticated and is typically kept indoors at a dwelling
unit.
2.12 "Dwelling Unit" means one (1) or more rooms connected together as a self-
contained, separate unit in the same building comprising all or part of the building
and constituting an independent housekeeping unit for residential occupancy by
persons with facilities for persons to sleep, cook, and eat and including its own
sanitary facilities.
2.13 'oFenced Yard" means a yard which is completely enclosed by a fence
constructed in accordance with the specifications set out in Schedule "C" of this
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By-Law provided that the walls or the continuously occupied building are
considered a portion of the required fence, provided that alldoors in such walls are
equipped with locks and that all doors providing access to the fenced yard are
locked when a vicious dog or dog included in Schedule "B" to this By-Law is inside
the fenced yard.
2.14 "Grooming Facility" means a premise that primarily offers bathing, nailtrimming,
and / or hair cutting of dogs for profit for a period of no more than ten (10) hours in
any twenty-four (24) hour period per dog. For the purpose of this By-Law a
grooming facility is not considered to be a kennel.
2.15 "Keep" means to have temporary or permanent control or possession of an animal
and the words "kept", or "keeping" have a similar meaning.
2.16 "Kennel" means a premise, including outdoor areas (i.e., dog runs), where dogs
are bred, raised, boarded, trained, or housed for similar purposes for a period of
longer than ten (10) hours in any twenty-four QD hour period per dog for profit and
shall exclude a pound established by the Municipality.
2.17 "Licence" means a licence issued under this By-Law
2.18 "Livestock" means cattle, goats, horses, sheep, swine, poultry, fur-bearing
animals, bees, cultured fish, deer, elk, game animals or birds grown, produced or
raised.
2.19 "Medical Officer of Health of Sudbury" means the current Medical Officer of
Health of Sudbury of Public Health Sudbury Districts or their authorized
designates.
2.20 "Menace or Harass" means to display apparently and overtly threatening
behaviour.
2.21 "Municipal Law Enforcement Officer" means anyone appointed by the
Corporation of The Municipality of St.-Charles to enforce the provisions of this By-
Law.
2.22 "Municipality" means the Corporation of the Municipality of St.-Charles
2.23 "Muzzled" means to have securely affixed around the snout or the mouth and
nose of a dog a device commonly known as a muzzle manufactured by a
recognized manufacturer of muzzles for dogs such that the dog when muzzled will
be prevented from biting a person or animal.
2.24 "Owner" means any person who possesses or harbours an animal and, where
the owner is a minor, the person responsible for the custody of the minor, and
includes a person who is temporarily the keeper or is in control of the animal.
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2.25 "Police Work Dog" means a dog trained to aid Law Enforcement Officers and
used by such Officers in the execution of their duties.
2.26 "Pound" means such place or places established by the Municipality for the
impoundment of dogs seized pursuant to the provisions of this By-Law.
2.27 "Premises" means the entire lot on which a single dwelling unit building, or a
multi-dwelling unit building is situated and includes a vacant lot.
2.28 "Prohibited Animal" means any animal specified in Schedule "A" of this By-Law
2.29 "Public Property" includes all lands owned by the Municipality
2.30
"Recognized Animal Shelter or Rescue" A not-for-profit or charitable
organization, registered with the Licence lssuer, 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.
2.3'l "Senior Citizen" means a person who has attained the age of sixty-five (65)
years.
2.32 "Seryice Dog" means any dog used by a person with a disability for reasons
relating to the disability where it is readily apparent that the animal is used by the
person for reasons related to his or her disability; or where the person provides a
letter from a physician or nurse confirming that he or she requires the dog for
reasons related to his or her disability; or presents a valid identification card signed
by the Attorney General of Canada or a certificate of training from a recognized
guide dog training school.
2.33 "Tag" means the tag or token issued under this By-Law as proof of registration of
the dog in the Municipality.
2.34 "Town Limits" means the areas defined as town limits within Schedule "D" of this
By-Law.
2.35
"Vicious Dog" means any dog with a known propensity, tendency, or disposition
to attack without provocation other domestic animals or persons that a Municipal
Law Enforcement Officer has chosen to designate as vicious pursuant to Section
10 of this By-Law; or any dog specified in Schedule "B" of this By-Law.
3.
LICENSING AND REGISTRATION
3.1. Every owner of a dog over the age of six (6) months shall annually license the dog
and shall maintain the licence in good standing.
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3.5
3.2
Every owner of a dog shall annually renew the dog's licence on or before its date
of expiry.
3.3. Every owner making an application for a dog licence shall provide the following
information upon registration:
a) The name, postal address, and telephone number of the owner; and,
b) The name, age, sex, and description of each dog to be licensed.
3.4. Every application for a dog licence shall be accompanied by a fee in accordance
with the Municipality's Fees and Charges By-Law, as amended.
Every owner, with proof of certificate, that requires the assistance of a guide,
service or therapy dog, may, upon application to the Municipality, obtain a licence
and no fee shall be charged for such licence.
3.6
Upon payment of the dog licence fee, the owner shall be provided with a tag from
the Municipality and shall keep the tag securely fixed on the dog at all times while
the dog is in any place other than the premises of the owner or other private
property with the consent of the owner of that property.
3.7. The tag shall bear an identification number and a record shall be kept by the
Municipality showing the name, address and contact information of the owner and
a brief description of the dog.
3.8. Every dog licence issued pursuant to the provisions of this By-Law shall be
effective from the date of issuance until December 31st of the year purchased and
no refund of any licence fee paid or any portion thereof shall be made in the event
of the death, destruction, or removal from the Municipality of a dog before the
expiration of the license period.
3.9. For a "Lifetime" license issued, the licence shall be valid from the date of issuance
to the death of the dog and shall not be transferred to any other dog.
3.10. lf a tag is lost or stolen, the owner shall make an application for a replacement tag
as per the Municipality's Fees and Charges By-Law, as amended.
3.11. No dog licence shall be transferred from one dog to another.
3.12. No person shall use for any dog, a licence receipt or a licence tag issued for
another dog.
3.13. lf a licensed dog changes owners, the new owner shall notify the Municipality to
update the registration within fifteen (15) days of becoming the owner.
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3.14. The provisions of Section 3 of this By-Law shall not apply to owners temporarily in
the Municipality for a period not exceeding fourteen (14) days.
3.15. Notwithstanding any provision of this By-Law, a Service Dog, Police Work Dog or
a dog that is being fostered from a recognized animal shelter or rescue shall be
provided with a licence and tag free of charge upon providing to the Municipality at
the time of registration, evidence satisfactory to the Municipality.
3.16. No person shall keep or permit in or about any dwelling unit or premises more than
three (3) dogs over the age of six (6) months without a valid kennel license.
3.17. No person shall keep or permit in or about any dwelling unit or premises more than
three (3) cats over the age of six (6) months.
3.18. The provisions of Section 3.1 6 shall not apply if the owner of dogs can prove that
the dogs are used for livestock protection and I or for agricultural or other working
purposes.
3.19. Notwithstanding the provisions contained in Section 3.15, any owner of dogs who
owns, harbours, maintains or possesses more than the permitted total number of
dogs on the effective date of this By-Law, and is able to provide proof that these
dogs were licensed prior to the passing of this By-Law, shall be permitted to own
these dogs until they are deceased and / or relocated.
3.20. Notwithstanding the provisions contained in Section 3.16, any person who
becomes a resident of the Municipality after the passing of this By-Law who owns,
harbours, maintains or possesses more than the permitted total number of dogs
on the date that they become a resident of the Municipality, shall be permitted to
own these dogs until they are deceased and / or relocated so long as all dogs are
licensed within three (3) months of the owner becoming a resident of the
Municipality.
3.21. Notwithstanding the provisions contained in Section 3.16, any dog owner who
owns, harbours, maintains or possesses the permitted total number of dogs may,
for a period not exceeding fourteen (14) days, allow to be kept one (1) additional
dog so long as that it is not kept for profit and so long as all dogs that permanently
reside in the Municipality are licensed.
3.22. Notwithstanding the provisions contained in Section 3.16, any owner of a daycare
facility or grooming facility may harbour more than the permitted number of dogs
for a period not exceeding ten (10) hours in any twenty-four Qil hour period per
dog.
3.23. Notwithstanding the provisions contained in Section 3.16, lodges, hotels, motels
and trailer parks may harbour more than the permitted number of dogs so long as
the owner of the lodge, hotel, motel and I or trailer park only owns the permitted
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Page 6 of 25
number of dogs and every dog owned by the owner of the lodge, hotel, motel and
/ or trailer park is licensed.
4.
PROVISIONS OF CARE
4.1. Every person who keeps an animal within the Municipality shall ensure that such
animal is provided with:
a. clean and sanitary environment free from accumulation of fecal matter;
b. adequate and appropriate care, food, water, shelter and opportunity for
physical activity; and,
c. necessary veterinary medical care when the animal exhibits signs of pain,
illness or suffering.
4.2. Every person who keeps a dog which normally resides outside, or which is kept
outside unsupervised forextended periods of time, shall ensure the dog is provided
with:
a. a house or shelter that has sufficient space to allow the dog the ability to turn
around freely and lie in a normal position, and that will provide protection from
the outdoor elements as appropriate to the dog's weight and type of coat.
b. an exercise area (run) with:
i. a minimum area of fifty (50) sq. ft.; and,
ii. a minimum of five feet (5') between any two (2) opposite walls of the
enclosure.
c. if the dog is confined by means of a leash, the leash shall be long enough to
allow the dog to have free movement in an area of at least fifty (50) sq. ft. with
no obstructions in that area so the dog cannot become trapped and / or
restricted of movement.
4.3. No person shall cause or allow an animal to be hitched, tied or fastened while
unattended by the owner to a fixed object where a choke collar, choke chain or
pinch collar forms part of the securing apparatus, or where a rope or cord is tied
directly around the animal's neck or where the dog could become trapped or
injured by an obstruction.
4.4
No person shall cause or allow an animal to be confined in an enclosed space,
including a motor vehicle, without adequate ventilation.
4.5
No person shall transport or allow the transport of an animal outside the passenger
compartment of any motor vehicle or trailer unless the animal is adequately
confined or unless it is secured in a body harness or other manner of fastening
which is adequate to prevent the animal from falling off the vehicle or otherwise
injuring itself.
4,6
ln any prosecution or proceeding under Section 4.5, the registered owner or
operator, as applicable, of the motor vehicle or trailer shall be deemed to be the
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4.7
4.8
4.9
owner of the dog, unless he or she proves to the satisfaction of a Justice of the
Peace that at the time of the offence, the motor vehicle was not being used to
transport the dog by him / her and that the motor vehicle was not being used by
any other person with consent, express or implied.
No person shall cause or allow a dog to be muzzled unless it is in the immediate
care and control of the owner.
No person shall cause or allow the neglect, torment, abuse, or punishment of any
animal in any manner to an extent that is cruel or unnecessary.
No person shall cause or allow the abandonment of an animal
4.10 No person shall cause or allow a female dog who is in heat to be left unattended
at any time outside the secure confines of a dwelling unit.
5.
KENNEL OPERATION
5.1. No person shall own or operate or allow the ownership or operation of a kennel
without a licence issued by a Municipal Law Enforcement Officer.
5.2. No person shall operate or allow the operation of a kennel with a kennel licence
that has been suspended.
5.3. Kennels shall be managed and operated by the property owner on which the
kennel is located, and the kennel operator / manager shall reside on the subject
property.
5,4. Every person applying for a kennel licence shall submit to the Municipality a
completed application together with the following:
a. a site plan drawn to scale showing the location of all buildings, structures, dog
runs or facilities on the subject property, including the location of all buildings,
structures, dog runs or facilities, or parts thereof, to be used as a kennel. The
site plan must also specify the distance which separates the kennel from all
property lines and all buildings, structures, dog runs or facilities;
b. a list of all dogs to be kept permanently at the subject property, noting
verification of current rabies vaccination for each dog (except where they are
under three (3) months of age);
c. the applicable fee, as required by the Municipality's Fees and Charges By-Law,
as amended; and,
d. a declaration by the owner that they have never been convicted under Section
446 of the Criminal Code of Canada pertaining to animal cruelty.
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5.8
5.9
5.5. All new or renewal licences for a kennel will only be approved by the Municipal
Law Enforcement Officer once they have inspected the premises to ensure
compliance with this or any other applicable By-Law.
5.6
Every person renewing their kennel licence shall, yearly on or before the 1Sth day
of February of the next year, submit the following to the Municipality:
a. a list of all dogs to be kept permanently at the subject property, noting
verification of current rabies vaccination for each dog (excepts where they are
under three (3) months of age); and,
b. the applicable fee, as required by the Municipality's Fees and Charges By-Law,
as amended.
5.7
Every person who owns or operates a kennel shall comply with the applicable By-
Laws of the Municipality of St.-Charles and any other provincial or federal statutes
or regulations. No kennel licence shall be issued unless such kennel complies with
the By-Laws of the Municipality. Where an owner or operator of a kennel fails to
comply with applicable By-Laws or regulations, the kennel licence may be
suspended or revoked.
An Officer or any other duly authorized person may enter upon and may inspect
without notice any kennel, daycare facility, grooming facility, or any place where
dogs are kept at any reasonable time.
The kennel licence issued pursuant to this By-Law is not transferable
5.10. Owners and operators of kennels shall comply with the following regulations:
a. no kennel may be established except where it is permitted in accordance with
the Municipality's Zoning By-Law, as amended;
b. no kennel shall be permitted on a property of less than five (5) acres (two (2)
hectares) unless approval is granted through aZoning By-Law amendment;
c. no part of a kennel shall be constructed or maintained closer than twenty (20)
metres from the nearest property line of any adjacent residence;
d. the Municipality may impose additional conditions with respect to the issuance
or renewal of a kennel licence as they deem necessary to ensure the health,
safety, and well-being of the public and I or animals;
e. after the issuance of a licence, the owner shall not change or otherwise alter a
kennel without first obtaining the written permission of the Municipality;
f. every person who owns or operates a kennel shall keep no more than a
maximum of twenty (20) dogs over twenty (20) weeks of age, unless approved
by the Municipal Law Enforcement Officer;
g. the floors of each room in which dogs are kept shall be:
i. constructed of an impermeable material;
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,
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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
drain sewage system or sewage disposal system;
h. each room that is used for the housing of dogs shall be equipped with a lighting
system that is designed, constructed, and maintained to:
i. distribute light as evenly and with as little glare as possible;
ii. provide adequate light for the proper observation of every animal in the
room;
iii. adequately stay lit for a continuous period of at least eight (8) hours in
every twenty-four QQ hour period; and,
iv. provide an eight (8) hour period of darkness in every twenty-four (24)
hour period;
i. 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 for natural ventilation with a minimum aggregate
unobstructed free flow are of one percent (1o/o) of the floor are of the
room;
ii. having a mechanical ventilation device in working order which changes
the air at least twice each hour; or,
iii. each room that is used for the housing of dogs shall at all times, be
maintained at a temperature suitable forthe 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 therein;
iii. any dog therein cannot readily escape there from; and,
iv. it may be readily cleaned;
k. each doorway, window, and outside opening 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 there from;
ii. partially shaded; and,
iii. gravelled and well drained; or,
iv. paved with concrete, asphalt, or other impermeable material;
v. graded to an adequate drain or gutter; and,
vi. 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 in a timely fashion from the premises;
o. every kennel shall have a manure receptable for the storage of dog waste. All
kennel owners shall comply with the provisions of Part V of the Environmental
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Acl R.S.O. 1 990 and all regulations thereto with respect to waste management
systems, including but not limited to the collection and disposal of waste;
p. every person who owns and operates a kennel shall give regard to the
guidelines set out in the "Code of Practice of Canadian Kennel Operations" of
lhe Canadian Veterinary Medical Association;
q. every person who owns or operates a kennel shall undertake measures to
ensure that residences on adjacent properties are not subjected to persistent
noise by dogs kept at a kennel operation. Complaints concerning noise will be
investigated subject to the Municipality's Noise By-Law, as amended;
r. the Medical Officer of Health 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 above-mentioned items, whenever it appears
to the Medical Officer of Health that is necessary for the preservation of the
public health or for the abatement of anything dangerous or injurious to the
public health;
s. 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 service for any disease or injury from which the dog may be
suffering.
t. the owner, operator or a person designated by the owner or operator shall
attend the kennel at least once every twelve (12) hours when dogs are being
kept in the kennel;
u. when the owner, operator or their designate is not present, all dogs must be
kept separate by means of a cage or other similar measure from each other;
v. the owner of a kennel will collect from the owner of every dog that uses their
facility the dog owners: name, address, phone number, emergency contact
phone number and the most recent vaccination records of the dog. A record of
when the dog is kept at the kennel shall also be kept. This information must be
maintained for one (1) year from the date of.collection. This information shall
be shared with any Municipal Law Enforcement Officer or the Medical Officer
of Health of Sudbury upon request.
6.
RUNNING AT LARGE / UNDER CONTROL
6.1. No person shall allow or permit livestock to run at large in the Municipality of St.-
Charles
6.2. No person shall allow or permit a dog to run at large in the Municipality of St.-
Charles.
6.3. A dog shall not be deemed running at large if it is a Police Work Dog and is being
used during police duties or in training.
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6.4. A dog shall not be deemed running at large if it is a hunting dog accompanied by
the owner or other reasonable adult and is actively engaged in hunting or training
for hunting, on un-posted land or on posted land with permission from the owner.
7.
SEIZURE AND IMPOUNDMENT
7.1. Subject to Section 6.2 of this By-Law, an Officer may:
a. seize and impound any dog found to be running at large;
b. restore possession of the dog to the owner where:
i. the owner claims possession of the dog within three (3) working days
(exclusive of statutory holidays and weekends) after the date of seizure;
and,
ii. the owner pays to the Municipality the Seizure / lmpoundment Fee, in
accordance with the Municipality's Fees and Charges By-Law, as
amended, for the dog seized and impounded, plus the cost of any
damages, expenses and lor veterinary care.
7.2. An Officer may order the dispatch of any dog, without first seizing or impounding it
if the Officer is unable to seize the dog after making reasonable attempts to do so
or, that dog is suspected to be rabid or, that dog, while at large has, is or is about
to attack, kill, injure, menace, damage, or destroy, as the case may be:
a. any person;
b. another animal; or,
c. personal property.
7.3. An Officer who seizes and impounds a dog shall make reasonable efforts to locate
the owner of the dog and inform the owner of the seizure and / or impoundment.
7.4. No person shall unlock, unlatch, or otherwise open a vehicle or cage in which dogs
seized by an Officer have been or are being placed.
7.5. Notwithstanding, any other provisions of this By-Law where, in the opinion of an
Officer or his or her designate, a dog which has been seized requires the
immediate services of a qualified veterinarian, or should be dispatched for humane
reasons or reasons of public safety, the Officer may dispatch the dog as soon after
the seizure as the Officer or his or her designate thinks fit without first permitting
the owner to reclaim the dog or offering the dog for sale. lf such dog has been
delivered to a qualified veterinarian for care, the owner of the dog shall be
responsible for any and all costs or charges associated with the services provided
by the veterinarian.
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8.
STOOP AND SCOOP
8.1. Any person having control of an animal, except horses being actively used in
transportation, shall immediately remove any feces left by the animal on any
property, other than the owner's property including, but not limited to:
a. on a highway;
b. in a public park;
c. on any public property; or,
d. on municipal streets and roads.
8.2. Any person having control of an animal shall have in his / her possession the
necessary equipment to proceed immediately with the removal of any feces.
8.3. Every owner of an animal shall remove from his or her property / dwelling, in a
timely manner, feces left by an animal, so as not to disturb the enjoyment, comfort,
convenience of any person in the vicinity of the property / dwelling.
8,4. Section B does not apply to an owner of a service dog, where the owner is unable
to remove animal waste due to a physical impediment or a blind or visually
impaired pet owner.
8.5. Every owner of a horse shall remove, within twenty-four QQ hours, any feces left
by the horse on any roadway within fifty (50) metres of town limits or in any public
Park.
9.
PROHIBITED ANIMALS
9.1. No person shall keep, or permit to be kept, in the Municipality, either on a
temporary or permanent basis, any prohibited animal, as set out in Schedule "A".
9.2. No person shall keep, or permit to be kept, livestock in an area of the Municipality
unless the area is zoned for that purpose or is lawfully used for that purpose.
9.3. Despite Section 9.1, a provincially authorized wildlife custodian may keep an
animal prohibited under this By-Law in accordance with the authorization.
9.4. No person shall keep or permit to be kept any insect, arachnid or squamatea
permitted under this By-Law except in an escape-proof enclosure.
9.5. No person shall keep or permit to be kept any lagomorph, marsupial or rodent
permitted under this By-Law except in a suitable enclosure.
9.6. For the purposes of 9.6 "lnstitution and Facility" have the meaning given to those
words by Canada's Accredited Zoos and Aquariums. Despite Section 9.1, an
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Page 13 of25
institution whose facility is accredited by Canada's Accredited Zoos and Aquarium
may keep an animal prohibited under Section 9.1 if:
a, the institution maintains its Canada's Accredited Zoos and Aquariums
accreditation;
b. neither the institution or the facility sells or offers for sale, animals;
c. the facility is on premises zoned under the Municipality's Zoning By-Law, as
amended, permitting the use;
d. the facility is on premises where there is no residential use;
e. the facility:
(i) shares no common wall with any other use or is self-contained in
accordance with its Canada's Accredited Zoos and Aquariums
accreditation;
(ii) shares no NVAC system and no plumbing system with any other use;
f. signs are posted in the facility at all public entrances i exits and in each room
where animals are displayed that:
(i) include the statements:
- caution: the animals on display are unpredictable and may be
dangerous;
- after touching the animals or their living areas, wash your hands.
9.7. Despite Sections 9.4 and 9.5, animals kept on premises that meet the
requirements of Section 9.6 may be kept outside of an escape-proof enclosure or
a suitable enclosure for educational purposes.
10. VICIOUS DOGS
10.1. No owner of a dog shall permit his or her dog to attack or to bite without
provocation, a person, a domestic animal or livestock.
10.2. No owner of a dog shall permit his or her dog to menace or harass without
provocation a person, domestic animal or livestock.
10.3. Where the Municipality is informed upon written complaint and is satisfied that a
dog has attacked without provocation or bitten a person or domestic animal or
livestock and has further been provided with satisfactory evidence as to the name
and address of the owner of the dog, the Municipality may serve notice on the
owner of the dog that the dog is deemed to be a vicious dog and requiring the
owner to comply with any or all of the requirements set out in Sections 10.5 and
10.6.
10.4. Service of notice that a dog has been deemed a vicious dog may be affected on
the person shown in the Municipality's records as the owner of the dog, or where
the dog does not appear to be registered pursuant to the By-Law, on such other
person who appears to be the owner of the dog. Service may be affected by
personal seryice, by mail or by posting up in a conspicuous place at the address
By-Law 2024-27 - Responsible Animal Ownership
Page 14 of 25
shown in the records of the Municipality as the address for the owner of the dog,
or where the dog is not registered under the By-Law, at such address as appears
to be the address of the owner of the dog. Service of the notice shall be effective
upon the date that personal service is affected, or where served by mail or by
posting, shall be deemed effective on the 3'd day after mailing or posting as the
case may be.
10.5. The owner of a vicious dog shall at all times when the dog is not contained within
the owner's property:
a. keep the vicious dog muzzled; and,
b. keep the vicious dog under the effective control of a person sixteen (16) years
of age or older and under leash not to exceed 1.23 meters (4 feet) in length.
10.6. The owner of a vicious dog that is not contained within the boundaries of the
owner's land, but is othenruise contained within a vehicle owned by the owner of
the vicious dog, shall be exemptfrom Section 10.5 (b) provided thatthe vicious
dog is contained within the vehicle by means of either a secure cage, dog seatbelt
or similar means that would prevent the vicious dog from unintentionally escaping
the vehicle if a door is opened;
10.7. The restrictions of Section 10.5 shall still apply when a dog is not contained within
the boundaries of the owner's land but is othenrvise contained within the
boundaries of the land of another person, including the dwelling of another person.
10.8. The owner of a vicious dog shall at all times, when it is not in the owners dwelling
but otherwise within the boundaries to the owner's lands, ensure that the vicious
dog shall be contained within an enclosed area, including a fence of an appropriate
height for the breed of the dog, or in a manner such that the vicious dog is unable
to come into contact with persons or other animals. Gates in such an enclosure
shall be locked at all times when the dog is in the enclosure, designed in such a
fashion and with such material which will prevent the dog from digging its way out
of or otherwise escaping from the enclosed run and not to restrict the generality of
the foregoing having sides and top constructed of chain-link fencing as set out in
Schedule "C" to this By-Law and a solid base securely attached to the side.
10.9. Every owner of a vicious dog shall notify the Municipality within two (2) working
days of any change in ownership or residence of the vicious dog and provide the
Municipality with the new address and telephone number of the owner.
10.10. Every owner of a vicious dog shall notify the Municipality within two (2) working
days if the vicious dog is deceased.
10.11. Every owner of a vicious dog shall display a "Beware of Dog" sign in a conspicuous
location on their property so as to be visible to every person entering the property
from a public highway.
By-Law 2024-27 - Responsible Animal Ownership
Page 15 of25
10,12. Where the owner of a vicious dog is informed that his or her dog has been deemed
to be a vicious dog, the owner may wish to appeal the decision by requesting for
a hearing by the By-Law Appeal Committee, in accordance with the process
provided for under Municipality's By-Law Appeal Committee By-Law, as amended
and the rules and procedures thereto, or successor By-Law(s) as applicable. An
application for a hearing shall be filed with the Clerk within ten (10) business days
of the written order of the dog being deemed to be a vicious dog.
10.13. An owner of a vicious dog shall notify the kennel owner or operator that his or her
dog was deemed vicious.
10.14.The notification that a dog is a vicious dog is effective from the date it is served,
even if a hearing before Council is requested by the owner of the dog affected.
10.15. No person shall operate a kennel containing a vicious dog or a dog included in
Schedule "B" to this By-Law.
10.16. The provisions of Section 10.15 of this By-Law do not apply to a person operating
a kennel who has in the kennel a vicious dog, or a dog specified in Schedule "B"
to this By-Law for the purpose of providing any of the following services:
a. the temporary boarding of such dog;
b. the grooming of such dog;
c. the training of such dog; or,
d. medical attention for such dog provided he / she complies with the provisions
of Section 10.5.
11. POUNDS
11.1. For the purpose of this By-Law, Council may establish a pound for the
impoundment of dog(s) seized by an Officer or their designate pursuant to the
provisions of this By-Law and may establish, from time to time, such rules and
regulations of such pound(s).
11.2. lf a dog(s) is seized and / or impounded, an administration fee as outlined in the
Municipality's Fees and Charges By-Law, as amended, will be imposed per dog
on the owner of the dog(s), plus any fees incurred from the pound(s) itself.
12. ENFORCEMENT
12.1. Every person who contravenes any provision of this By-Law is guilty of an offence
and upon conviction shall be liable to a fine prescribed and recoverable under the
provisions of the Provincial Offences Acf, R.S.O. 1990, c. P.33, as amended, for
each offence committed.
By-Law 2024-27 - Responsible Animal Ownership
Page 16 of25
12.2. The Administrative Monetary Penalty System By-Law, as amended, applies to
each administrative penalty issued pursuant to this By-Law.
12.3. No person shall hinder or othenvise obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an Officer, an employee and / or agent of the
Municipality in the lawful exercise of a power or duty under this By-Law.
12.4. Each person who contravenes any provision of this By-Law shall, upon issuance
of a penalty notice in accordance with Administrative Monetary Penalty System
By-Law, as amended, be liable to pay to the Municipality an administrative
monetary penalty.
12.5. Before the Officer and other appointed officials takes any action as a result of a
complaint, the complainant shall give to the investigative Officer involved a written
statement describing the incident, stating his or her name, address, telephone
number, and date and time of incident.
12.6. Upon registering a conviction for a contravention of any provision of this By-Law,
the Provincial Offences Court may, in addition to any other remedy and to any
penalty imposed by this By-Law, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
12.7. The penalty provided for violation of any of the provisions of this By-Law shall be
separate from and in addition to the requirements for payment of expenses of
confining the dog imposed by the Officer.
13. SEVERABILITY
13.1. Should a Court of competent jurisdiction declare a part or whole of any provision
of this By-Law to be invalid or of no force and effect, the provision or part is deemed
severable from this By-Law, and it is the intention of Council that the remainder
survive and be applied and enforced in accordance with its terms to the extent
possible under law.
14. SCHEDULES
14.1. Schedules "A", "8", "C", "D" and "E" shall be deemed to form part of this By-Law
15. AUTHORITY
15.1. This By-Law replaces and repeals By-Law 2023-38 and all other By-Laws on the
same subject matter which are inconsistent with this By-Law are hereby repealed.
By-Law 2024-27 - Responsible Animal Ownership
Page 17 ol 25
15.2. This By-Law shall come into force and take effect on the day it is passed.
READ A FIRST TIME AND CONSIDERED READ A SECOND AND THIRD TIME
AND FINALLY PASSED IN OPEN COUNCIL THIS 19TH DAY OF JUNE 2024.
MAYOR
CLERK
By-Law 2024-27 - Responsible Animal Ownership
Page 18 of 25
1
SCHEDULE 'IA''
BY.LAW 2024.27 - RESPONSIBLE ANIMAL OWNERSHIP BY.LAW
MUNICIPALITY OF ST..CHARLES
PROHIBITED ANIMALS
All protected or endangered animals being all animals, native or non-native, whose
possession or sale is prohibited because they are designated as protected or
endangered pursuant to an international, federal, or provincial law, regulation, rule
or agreement, unless the animal has been obtained in accordance with
international, federal or provincial law, as applicable, and if the animal is not
identified in this Schedule, and the animal is kept in accordance with this By-Law
and the Municipality of St.-Charles Zoning By-Law.
No person shall keep in the Municipality of St.-Charles, either on a temporary or
permanent basis, any prohibited animal belonging to the following orders:
a)
Anseriformes (e.g., ducks, geese, swans, and screamers), except when
located on property zoned for agricultural uses;
b)
Artiodactyla (e.g., cattle, goats, sheep, pigs, deer, elk, alpacas, and
llamas), except when located on property zoned for agricultural uses;
c)
Carnivora (e.g., otters, wolves, bears, coyotes, foxes, tigers, leopards,
n)
cougars, lions, lynx, mink, skunks, weasels, badgers, mongooses, and
racoons), except dogs, cats and ferrets;
Chiroptera (e.9., bats, myotis and flying foxes);
Crocodylia (e.g., alligators, crocodiles, gavials, and caimans);
Edentates (e.9., anteaters, sloths, and armadillos);
Galliformes (e.g., pheasants, grouse, guinea fowls, turkeys, chickens and
peafowls), except when located on a property zoned for agricultural uses;
Lagomorpha (e.9., hares and pikas), except domestic rabbits;
Marsupial (e.g., koalas, kangaroos, opossums, and wallabies), except
sugar gliders derived from self-sustaining captive populations;
Perissodactyla (e.g., horses, donkeys, jackasses, mules, zebras, and
ponies), except when located on property zoned for agricultural uses;
Primates (e.g., chimpanzees, gorillas, monkeys, and lemurs);
Proboscidea (e.g., elephants, rhinoceros, hippopotamuses);
Raptors (e.g., eagles, hawks, falcons, and owls), except as permitted under
a provincial falconry licence;
Rodentia (e.g., porcupines, prairie dogs, nutria, and chinchillas) except
where neither the female nor the male of the species exceeds or will exceed
1,500 grams in weight before or at maturity and that are derived from a self-
sustaining captive population;
Squamata (e.g., lizards and snakes) except non-venomous snakes where
neither the female nor the male of species exceeds or will exceed 2 metres
in length from nose to tip of tail before or at maturity and non-venomous
lizards (not including lguana iguana) where neither the female nor the male
o)
2
d)
e)
0
s)
h)
i)
i)
k)
r)
m)
By-Law 2024-27 - Responsible Animal Ownership
Page 19 of 25
3.
p)
of the species exceeds or will exceed 1 metre in length from nose to tip of
tail before or at maturity; or
Struthioniformes (e.g., ostriches, rheas, cassowaries, emus, and kiwis),
except when located on property zoned for agricultural uses;
No person shall keep or permit to be kept an animalthat is venomous or poisonous,
except Grammostola rosea (Chilean Rose), Brachypelma smithi (Mexican Red-
Knee) and Avicularia avicularia (Pink-Toe) Tarantulas and Pandinus imperator
(Emperor) and Heterometrus spinifer (Asian Forest) Scorpions.
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SCHEDULE "B''
BY-LAW 2024.27XX. RESPONSIBLE ANIMAL OWNERSHIP BY.LAW
MUNICIPALITY OF ST.-CHARLES
List of dogs banned in the Province of Ontario under the Dog Owners Liability Act.
. Pit Bull Terrier
. Staffordshire Bull Terrier
o American Staffordshire Terrier
o American Pit Bull Terrier
. A dog that has an appearance and physical characteristics that is substantially
similar to the dogs above.
By-Law 2024-27 - Responsible Animal Ownership
Page21 ot 25
o
SCHEDULE "C''
BY.LAW 2024.27. RESPONSIBLE ANIMAL OWNERSHIP BY.LAW
MUNICIPALITY OF ST.-CHARLES
Fences:
Fences shall be 1.8 meters (6 feet) in height and installed such that no gap greater than
150 mm (4 inches) exists between the underside of the fence and that the finished grade
and shall comply further comply to the Municipal Zoning By-Law as amended and all other
Municipal By-Laws pertaining to fences. Fences shall be of a design that will reasonably
deter children from climbing it to gain access to the fenced in area and that will prevent a
Vicious Dog, or a dog included in Schedule "B" to this By-Law from digging its way out of
or otherwise escaping from the enclosed yard. lf a fence contains an opening for access,
the opening shall be closed with a gate which shall provide protection equivalent to the
fence and shall be equipped with self-latching devices and locks located at the top of and
inside the gates.
A fence shall
lf of chain-link construction:
a. be of not greater than 50 mm (2 inch) diamond mesh;
b. be constructed of galvanized steel wire not less than 3.6 mm diameter (no. 11
gauge), or of minimum 2.9 mm diameter (no. 11 gauge) steel wire covered with
a vinyl coating forming a totalthickness equivalent to 3.6 diameter (no. 9 gauge);
and,
c. be supported by at least 38 mm (1.5 inches) diameter galvanized steel posts
installed in accordance with good fencing techniques. Such posts shall be
spaced not more than 3 m (10 feet) apart. Top horizontal rails shall be a 1 2 mm
(.5 inch) diameter galvanized tension rail or a 32 mm (1.25 inches) diameter
galvanized rail.
lf wood construction:
a. be of alternating vertical boards attached to supporting horizontal members.
Such vertical boards shall have a minimum dimension of 19 X 88 mm (1 X 4
inches nominal) and spaced at maximum of 100 mm (4 inches);
b. supporting horizontal members shall have a minimum dimension of 38 X 88 mm
(2 X 4 inches nominal) and shall be spaced a minimum of 1 .4 m (4 feet 6 inches)
apart; and,
c. horizontal members shall be supported by posts spaced not more that 2.4 mm
(8 feet) on centre. Such posts shall be 88 mm (4 inches nominal) square or in
diameter and securely placed to a minimum of 0.6 m (2 feet) below grade. That
portion below grade shall be treated with a wood preservative or the post shall
be of pressure treated wood.
a
a
lf the fence design is other than specified than wood construction or chain-link
construction, such fence shall require approval by the By-Law Enforcement Officer.
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Page 22 of 25
SCHEDULE "D''
BY.LAW 2024.27. RESPONSIBLE ANIMAL OWNERSHIP BY-LAW
MUNICIPALITY OF ST..CHARLES
TOWN LIMITS
61 631 3
789
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Page 23 of 25
SCHEDULE 'IE"
BY.LAW 2024.27. RESPONSIBLE ANIMAL OWNERSHIP BY.LAW
MUNICIPALITY OF ST..CHARLES
PART I - PROVINCIAL OFFENCE ACT F"VES
ITEM
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING THE
OFFENCE
SET
FINES
1
Fail to license a doq
Section 3.1
$100.00
2
Fail to renew license
Section 3.2
$100.00
3
Fail to keep a tag fixed to a dog while off premises
Section 3.6
$50.00
4.
Keep more than three (3) dogs
Section 3.16
$100.00
5
Keep more than three (3) cats
Section 3.17
$75.00
6
Fail to provide a clean and sanitary environment for
an animal
Section a.1 @)
$200.00
7
Fail to provide appropriate care, food, water, shelter,
or physical activity to an animal
Section 4.1 (b)
$200.00
I
Fail to provide necessary veterinary care to an animal
Section 4.1 (c\
$200.00
I
Fail to provide sufficient and appropriate shelter for a
dog kept outside
Section 4.2 (a)
$300.00
10.
Fail to provide an adequate exercise area for a dog
kept outside
Section 4.2 (b)
$200.00
11.
Failto provide an adequate leash with no obstructions
for a doq kept outside
Section a.2 @)
$200.00
12. lmproperly hitch, tie, or fasten an animal
Section 4.3
$200.00
13.
Fail to provide an animal with proper ventilation
Section 4.4
$200.00
14. lmproperly transport an animal
Section 4.5
$200.00
{5.
lmproperly muzzle a dog
Section 4.7
$200.00
16.
Neglect, abuse, torment or punish an animal
Section 4.8
$300.00
17.
Cause or allow the abandonment of an animal
Section 4.9
$300.00
18.
Cause or allow a dog in heat to be unattended
Section 4.10
$150.00
19.
Operate a kennel without a license
Section 5.1
$500.00
20
Operate a kennel with a suspended license
Section 5.2
$400.00
21
Fail to maintain a kennel in a clean and sanitary
condition
Section 5.10 (m)
$300.00
22.
Fail to remove waste from a kennel in a timely fashion
Section 5.10 (n)
$300.00
23.
Fail to keep and maintain records
Section 5.10 (v)
$400.00
24. Allow or permit livestock to run at large
Section 6.1
$150.00
25. Allow or permit a dog to run at large
Section 6.2
$100.00
26.
Unlawfully unlock, unlatch, or open a vehicle or cage
containing seized animal
Section 7.4
$300.00
27
Fail to remove feces left by an animal
Section 8.1
$100.00
28. Failto possess necessary equipment to remove feces
Section 8.2
$75.00
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Page 24 of 25
29
Fail to remove feces from own property / dwelling in a
timely manner
Section 8.3
$100.00
30
Fail to remove feces left by a horse
Section 8.5
$100.00
31
Keep or permit to be kept a prohibited animal
Section 9.1
$400.00
32. Keep or permit to be kept livestock in an area not
zoned for agricultural use
Section 9.2
$300.00
33.
Fail to keep an insect, arachnid or squamate in an
escape proof enclosure
Section 9.4
$100.00
34.
Fail to keep a lagomorph, marsupial or rodent in a
suitable enclosure
Section 9.5
$100.00
35.
Permit a doq to attack or bite
Section 10.1
$300.00
36.
Permit a doq to harass or menace
Section 10.2
$150.00
37.
Fail to muzzle a vicious dog
Section 10.5 (a)
$200.00
38.
Fail to keep a vicious dog under control
Section 10.5 (b)
$400.00
39.
Fail to properly contain a vicious dog in a vehicle
Section 10.6
$200.00
40
Fail to contain a vicious dog within an enclosed area
Section 10.8
$200.00
41.
Fail to notify the Municipality of a change of ownership
or residence of a vicious dog
Section 10.9
$150.00
42,
Fail to notify the Municipality of the death of a vicious
doq
Section 10.10
$75.00
43.
Fail to notify a kennel owner that a dog is designated
as vicious
Section 10.13
$150.00
44.
Operate a kennel containing a vicious dog
Section 10.15
$300.00
45.
Hinder or obstruct an officer
Section 12.3
$500.00
NOTE: Penalty Provisions for the offences indicated above is Section 12.1 of By-Law
2024-27, a certified copy of which has been filed.
By-Law 2024-27 - Responsible Animal Ownership
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