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TOWNSHIP OF ST. CLAIR
BY-LAW NUMBER 12 of 2009
[as amended by By-Law 7 of 2023]
Being a By-law to regulate the control of animais within the |
: Municipality of St. Clair Township, as provided under the
| authority of the Municipal Act, 2001, S.O. 2001, C.25, Section |
| 11 (i) Sections 103, 104 and 105, as amended.
OE H
WHEREAS the Council of the Municipality of St. Clair Township deems it expedient to
regulate the control and keeping of dogs and other animals within the Municipality of St.
: Clair Township.
AND WHEREAS Section 130, of the Municipal Act, $.0. 2001, S. 25, as amended,
authorizes a municipality to regulate matters related to health, safety and well being of the
inhabitants of the municipality.
NOW THEREFORE pursuant to the pertinent sections of the Municipal Act, the |
Municipal Council of the Corporation of the Township of St. Clair enacts as follows:
PART 1 GENERAL
| For the purposes of this By-law:
"Animal" means any member of the animal kingdom, other than human.
"Animal Control Officer' means a person duly appointed by the Corporation of the
| Municipality of St. Clair Township to control animals, and any employee of such a person
or business.
"By-Law Enforcement Officer" means a person duly appointed by the Corporation of the
Municipality of St. Clair Township for the purpose of enforcing or carrying out the
provisions of Municipal by-laws.
| "Dangerous Animal" means any kind of dog or animal, which without provocation, has
| bitten or caused bodily injury to a person or domestic animal.
"Dog" unless the context indicates otherwise means a male or female dog, whether or not it
is spayed or neutered.
"Dog Kennel" means any building, pen or other structure, but not including a building
used for human habitation, in which a dog or dogs are kept, whether or not for breeding or
boarding and in respect of which the owner has or is eligible to have issued by the Clerk or
By-law Enforcement Officer of the Municipality of St. Clair Township, a kennel license
pursuant to the regulations.
| |
"Owner" of an animal includes a person who possesses or harbors an animal, and where
the owner is a minor, the person responsible for the custody of the minor. "Owns" or
"owned" have a corresponding meaning.
"Person" includes any partnership, any body corporate or politic, any agent or trustee and
' the heirs, executors, administrators or other legal representatives of a person to whom the
context can apply according to law. |
|
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By-law 12 of 2009 2
"Pound" means premises that are used for the detention, maintenance or disposal of dogs
that have been impounded pursuant to a by-law of the municipality, but does not include
I, any premises, or part thereof, that are not used by any person or body of persons, including
the Ontario Society for the Prevention of Cruelty to Animals or any society affiliated
therewith, for the detention, maintenance or disposal of dogs so impounded.
"Pound Keeper" shall mean a person appointed by Council to act in the capacity of Pound |
| Keeper.
| | "Residential Area" means any area within the Municipality of St. Clair Township
designated as a residential area under the provisions of the St. Clair Township Zoning By-
law as amended.
"Redemption Period" means the period of time within which the owner of an animal that
has been impounded has the right to redeem it and such period shall be three days,
exclusive of the day the animal was impounded, and exclusive of Saturday, Sunday or
i! | Holidays.
"Reptile or Wild Animal (Exotic) means any animal or reptile which is wild by nature
whether born in captivity or free and which is kept for any purposes.
| "Running at Large" an animal shall be deemed to be running at large when found in any
place other than the premises of the owner of the animal and not under the control of any
person.
PART 2 PROHIBITION OF RUNNING AT LARGE OR TRESPASSING
WHEREAS the Council has the right under the Municipal Act, as amended, to pass by-
| laws for the control of animals within the Municipality.
THEREFORE the Council of the Municipality of St. Clair Township enacts that:
| I. No owner of an animal shall permit his or her animal to run at large or trespass
within the Municipality of St. Clair Township, at any time.
2. Every owner of a dog shall in each year procure a license from the appointed
| Township Animal Control Officer for the Township of St. Clair and shall keep
| the tag securely fixed on the dog at all times until the tag is renewed or
replaced.
3. The total number of dogs owned by all the persons comprising any one |
household within the limits of the Municipality shall be restricted to two.
| 4. Every owner of a dog shall pay to the Corporation of the Township of St. Clair
an annual license fee as follows:
a) Male or Female Dog,
unneutered, unspayed $50.00*
b) Spayed or neutered dog $30.00* |
c) If current rabies certificate produced, the above
rates are reduced by $10.00*
d) Kennel License $75.00*
*Subject to change according to current Fees By-Law
5. No person shall permit unprovoked barking, calling or whining or other similar
persistent noise making by any domestic pet or any other animal kept or used
for purpose other than agriculture. :
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By-law 12 of 2009 3
6. Any animal found running at large or trespassing, may be seized and
, impounded. An owner can redeem his or her animal after payment of the
appropriate fines and the pound fees as listed in Schedule "A". If, after the
expiration of the redemption period, an animal has not been claimed, the pound
keeper may find an alternative home, or if necessary, humanely euthanize and
cremate the animal. |
7. In the event that an animal is running at large or trespassing and cannot be |
) captured, and, in the opinion of the animal control officer, it poses a threat to
| persons or other animals, it may be killed forthwith by the animal control officer
| if it is deemed necessary and in the interests of public safety to kill such an
animal.
8. If an animal is captured, and the owner can be identified, the Animal Control
Officer may contact the owner and the animal may be returned prior to he
animal being delivered to the pound, upon payment of a redemption fee in the
{ amount of $25.00.
| 9, When an animal is impounded, and the owner is known, and it is alleged that
the by-law has been contravened with respect to animals running at large or
trespassing and the payment of the applicable fines and pound fees are not made
voluntarily, the fine is recoverable under the "Provincial Offences Act".
} ART 3 CONTROL OF ANIMALS
10. Any animal that has bitten a person or domestic animal must be kept in
quarantine for 14 days, at a pound or animal shelter designated by the Township
of St. Clair and not on or in the premises of the animal owner, all at the owner's
expense.
| 11. Within the Municipality of St. Clair Township, no owner of an animal shall fail
to keep his or her dog leashed when not on the owner's property.
12. All owners of animals are required to remove excrement left by their animal in
any place within the Municipality other than the premises of the owner of the
animal.
13. | No person may keep upon or in any lands or premises within the Municipality
of St. Clair Township, in a Residential Area, more than two (2) dogs per
| household, unless a kennel license has been obtained. However, any young
born upon or in such lands or premises may be kept there for a period not
exceeding twelve (12) weeks after birth. |
14. No person shall keep any venomous snake or venomous reptile, wild animal or
exotic pet outlined below within the limits of the Township of St. Clair:
Alligators Cougars
Crocodiles Jaguars
Boas Leopards
Pythons Lions
Rattle Snakes Lynx
Coral Snakes Ocelots
Bobcats Tigers
Foxes Bears
PART 4 DOG KENNELS, RUNS, ETC.
15. | Where any person establishes a dog kennel, structure, enclosure, pen or run in
which a dog is, or dogs, or other animals are kept, such kennel, structure,
enclosure, pen or run shall be kept in a clean and sanitary condition and free of
refuse of any kind at all times so as to prevent odors and shall be kept free of
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| By-law 12 of 2009 4
flies or vermin at all times. Buildings are structures used as a dog kennel will
have the capability of providing heat and cooling sufficient to maintain a
humane atmosphere for the occupants of the kennel.
16. No dog kennel may be established or maintained in an area zoned residential in
the Municipal Zoning By-law, as amended from time to time.
' 17. No dog kennel shall be constructed or located within two-hundred (200) metres
of any building used for human habitation on an adjacent lot [as amended by BL
7 of 2023].
18. Kennel license will only be issued for properties in the rural, agriculturally
zoned areas of the municipality that have an occupied residence.
19, Kennels are subject to inspection by a Township representative either before or
after a kennel license is issued. Failure to comply with the provisions of this
by-law could result in the suspension or cancellation of the kennel license.
ART 5 POUND KEEPING
20. The Animal Control Officer shall provide and maintain or cause to be provided
and maintained an animal pound or pounds in which stray animals may be |
impounded and in which an animal found running at large or trespassing
contrary to the provisions of this By-law may be impounded for the duration of
the redemption period until claimed by its owner or disposed of by the keeper of
the pound.
RT 6 PENALTY SECTION (Schedule "B"')
| 21. Any person who breaches a section of this By-law is guilty of an offence and
subject to a penalty as provided under the Provincial Offences Act'.
22. If any section or portion of the By-law or of Schedules "A" and "B" are found
by a court of competent jurisdiction to be invalid, it is the intent of the Council
of the Corporation of the Township of St. Clair that all remaining sections and
portions of the By-law and of Schedules "A" and "B" continue in force and
effect.
23. This By-law shall come into force and effect on the date of passing.
24. License Fees are to come into effect January |, 2008 and are subject to change
form time to trme by by-law or resolution of Council.
25. This By-law repeals all previous by-laws in the Municipality of St. Clair
Township and its predecessor municipalities.
This by-law to take effect April 1, 2009.
| READ a first, second and third time and finally passed this 6th day of April, 2009.
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By-law 12 of 2009 5
Schedule "B" to By-law 12 of 2009
The Corporation of the Municipality of the Township of St. Clair
Part 1 Provincial Offences Act and Animal Fines
Ite Column 1 - FINES 1* Offence 24 Offence
1. Owner -- permit animal $55.00 $110.00
to run at large or trespass
2. | Fail to procure Dog License $55.00 $110.00
3. Fail to attach License $55.00 $110.00
Tag to Dog
4, Keep more than 2 dogs $55.00 $110.00
per household
5. Permit unprovoked $55.00 $110.00
persistent barking
howling or other
persistent noise
!
6. Animal has bitten a person $75.00 $150.00
or domestic animal
7. Owner --- Failed to leash $55.00 $110.00
animal
' 8. Owner -- Failed to remove $55.00 $110.00
excrement
9. | Fail to procure Kennel $105.00 $210.00
License
10 Owner -- keeping of exotic $500.00 $1,000.00
Pets
1. Spayed or neutered dog with rabies certificate $20.00
- without rabies certificate $30.00
| 2. Male or Female unneutered & unspayed (without
| Or with rabies certificate) $50.00
3. Kennel license $75.00
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By-law 12 of 2009 6
| Schedule "A" to By-law 35 of 2008
!
REDEMPTION FEES
In addition to any fines that are imposed as per Schedule "B", the redemption fees as
described herein shall be payable, as follows:
If the animal is taken to the Sarnia Humane Society, the owner shall pay:
- The current fee charged by the Sarnia Humane Society
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