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|
SEY
| COW NS Hig |
| | THE CORPORATION OF THE TOWNSHIP OF ST. CLAIR
BY-LAW NUMBER 40 of 2024
| EING a By-Law to provide for the regulation, restriction, and prohibition of the control
| nd keeping of Dogs within the Corporation of the Township of St. Clair as provided
nder the authority of the Municipal Act, 2001, S.O. 2001, C. 25, Section II (i) and |
ections 103, 104, and 105, as amended. |
| HEREAS Sections 8, 9, and 10 of the Municipal Act, 2001, as amended, authorize
municipality to pass By-Laws necessary or desirable for municipal purposes, and in
articular paragraphs 5, 8, and 9 of subsection 10(2) authorize By-Laws respecting: |
€ economic, social, and environmental well-being of the municipality; the protection
f Persons and property; and Animals.
| ND WHEREAS Section 103 of the Municipal Act, 2001, as amended, provides that
here a municipality has passed a By-Law to regulate or prohibit with respect to the
eing at large or trespassing of Dogs, the municipality may provide for the seizure,
pee and sale of seized and Impounded Dogs. |
AND WHEREAS Section 391 of the Municipal Act, 2001, as amended, provides that |
municipality may pass By-Laws imposing fees or charges for services or activities
rovided or done by or on behalf of the municipality.
ND WHEREAS Section 425 of the Municipal Act, 2001, as amended, provides that
| municipality may pass By-Laws providing that a Person who contravenes a By-Law |
f the municipality passed under the Municipal Act, 2001 is guilty of an offence. |
ND WHEREAS the Council of the Township of St. Clair deems it appropriate to
| harge a fee to Owners of Dogs for the provision of the service of Animal control.
AND WHEREAS Section 446 of the Municipal Act, 2001, as amended, provides that
where a municipality has the authority under the said Act to direct or require a Person
to do a matter or thing, the municipality may also provide that, in default of it being
done by the Person directed or required to do it, the matter or thing shall be done at
re Person's expense.
| AND WHEREAS the Council of the Township of St. Clair deems it appropriate to |
provide Animal control for the health and safety of the public. |
|
AND WHEREAS Section 130, of the Municipal Act, S.O. 2001, S. 25, as amended, |
authorizes a municipality to regulate matters related to health, safety, and well-being |
of the inhabitants of the municipality. |
AND WHEREAS the Corporation of the Township of St. Clair is empowered under |
the Dog Owners' Liability Act (D.O.L.A.) and related regulations, to regulate matters |
related to Dogs.
|
tron THEREFORE pursuant to the pertinent sections of the Municipal Act, the
Vlunicipal Council of the Corporation of the Township of St. Clair enacts as follows:
P ART 1 DEFINITIONS:
or the purposes of this By-Law: |
| (a) "Animal" means any member of the Animal kingdom other than human.
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| (b) "Animal Control Officer" means a Person or business that has entered into |
a contract with the Township of St. Clair to control dogs, and any employee of |
such a Person or business; and also any employee of the Township of St.
Clair duly authorized as a By-law Enforcement Officer.
| | (c) "By-Law Enforcement Officer" means a Person duly appointed by the |
Corporation of the Township of St. Clair for the purpose of enforcing or carrying
out the provisions of Municipal By-Laws; and may also include a representative
of the OPP.
| (d) "Dangerous Animal" means any kind of Dog that, in the absence of any
mitigating factor, has attacked; bitten; or caused injury to a Person or domestic
| Animal or; has made a real and substantial threat of attack on a Person or a
| domestic Animal provided that the Dog shall not be deemed to be a dangerous |
Dog if the bite, attack, or threat of attack was sustained by a Person who, at |
the time, was committing a willful trespass or other tort upon premises
occupied by the Owner or keeper of the Dog or was teasing, tormenting,
abusing, or assaulting the Dog or has, in the past, been observed or reported
to have teased, tormented, abused, or assaulted the Dog, or was committing
or attempting to commit a crime. |
(e) "Dog" unless the context indicates otherwise, means a male or female Dog |
whether or not it is spayed or neutered. |
| | (f) "Dog Kennel" means any building, pen, or other structure, property or lot, but |
| | not including a building used for human habitation, in which 3 or more 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 Township of St. Clair, a valid kennel license pursuant to the
current regulations, which may be amended from time to time.
(g) "Obstruct/Obstruction" means to interfere with, hinder, or impede an Animal
Control Officer or any other Officer in the performance of any duty authorized |
by this By-Law or provincial legislation. |
(h) "Owner" of an Animal includes a Person who possesses or harbours 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.
| (i) "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.
| (j) "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 any premises, or part thereof, that are not
| used by any Person or body or 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.
(k) "Pound Keeper" means the operator of the Pound and his or her designate
| or successor. |
_ (I) "Residential Area" means any area within the Township of St. Clair |
| designated as a Residential Area under the provisions of the St. Clair Township
Zoning By-Law as amended. |
(m) "Redemption Period" means the period of time within which the Owner of a
Dog 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 Holidays.
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| |
Ye
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| (n) "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 purpose.
(0) "Right of Entry" means the ability of an Enforcement Officer or Pound
| | Keeper to enter a dwelling or property as per section 437 of the Municipal
Act.
(p) "Running at Large" a dog 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 by a leash, unless in a Dog park
| designed for off leash use. |
| |
| ART 2 PROHIBITION OF RUNNING AT LARGE OR TRESPASSING
HEREAS the Council has the right under the Municipal Act, as amended, to pass
3y-Laws for the control of Animals within the Municipality or in any defined area
thereof:
| HEREFORE the Council of the Corporation of the Township of St. Clair enacts |
that:
.1_ No Owner of a Dog shall permit his or her Animal to run at large or trespass
within the Township of St. Clair at any time. Any Dog found Running at Large
or trespassing may be seized and Impounded by a By-Law Enforcement
Officer. An Owner can redeem his or her Animal after payment of the
appropriate fines and the Pound fees as listed in Schedule "B". 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.
2.2 In the event that a dog 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.
| 2.3 Every Owner of a Dog shall be responsible for the custody of their Dog and
| | possible impacts under the Dog Owners' Liability Act (D.O.L.A.). |
4 Every Owner of a Dog shall ensure that a registration tag from the Township
| of St. Clair is kept on the Dog at all times. A Dog registration tag can be
| | purchased from the Municipal Office. Schedule "A" outlines fees for
| | replacement Dog registration tags. |
| 2.5 No Person shall permit unprovoked persistent noise making by any domestic
| pet or any other Animal kept or used for a purpose other than agriculture.
| .6 -- Ifadog is captured and the Owner can be identified, the Animal Control Officer |
| may contact the Owner and the Animal may be returned prior to the Animal
| being delivered to the Pound, upon payment of a redemption fee in the amount |
| of $75.00. |
17 iif dog is captured after Running at Large, the Animal will not be released until
the premises are deemed adequate for return to prevent reoccurrence. |
4° When a dog 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. |
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| | |
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|
ART 3 CONTROL OF ANIMALS
| 1 If it is deemed that a Dog is Running at Large at the time of an attack or bite to |
a Person or another domestic Dog /Animal, the said Dog must be kept in
| quarantine for a minimum of three (3) days (at the discretion of the Officer) at
| a Pound or Animal shelter designated by the Township of St. Clair and not on
or in the premises of the Dog Owner, and all expenses will be at the Dog
Owners' expense.
| If both the victim (or owner of the victim should the victim be a dog), and the
| Bylaw Enforcement Officer are satisfied that a quarantine within the offending
Dog Owner's house is adequate, then the dog may quarantine within the
| Owner's home, at the discretion of the Township Clerk.
-2 Lambton Public Health shall be notified of a situation as per section 3.1.
Lambton Public Health's direction on quarantine shall be followed as per the |
above clause 3.1. |
|
| 3 No Person shall allow an Animal to remain outdoors during extreme weather, |
except for brief walks or brief periods of exercise, unless the Animal has access |
| to an Animal enclosure that will adequately protect the Animal from the |
elements.
| 4 Keeping of Dangerous Dogs: |
| | i. Every Owner of a dangerous Dog shall:
a) Register such Dog with the Municipality as a dangerous Dog in
| accordance with the requirements of this By-Law;
| | b) Ensure that such Dog is spayed or neutered; |
| | c) Ensure that such Dog has an up-to-date rabies shot;
d) Display a sign at each entrance to the property and building in |
which the Dog is kept, warning that there is a dangerous Dog on |
the property. This sign shall be visible and legible from the nearest
road or thoroughfare.
ii. When a dangerous Dog is off its Owner's property, the Owner shall: |
a) Ensure the Dog is muzzled in a humane manner at all times;
b) Ensure the Dog is on a leash not longer than one metre; and |
c) Ensure the Dog is under the control of a Person over the age of
eighteen.
ili. When a dangerous Dog is on its Owner's property, the Owner shall: |
| | a) Ensure the Dog is securely confined in a locked area that meets the
| | following standards:
| 1. The pen shall be suitable to prevent the escape of the |
| | dangerous Dog and capable of preventing the entry of any
| Person not in control of the Dog.
| | 2. The pen must have minimum dimensions of two metres by |
| four metres, and must have secure sides.
| | 3. If the pen has no bottom secured to the sides, the sides |
| | must be embedded into the ground no less than thirty
| | centimeters deep. |
| 4. The pen shall also provide protection from the elements for |
the Dog. |
5. The pen shall not be within three metres of the property line |
| or within three metres of a neighbouring dwelling unit.
| It is the right of the Township to determine a dog to be dangerous. It
| shall be the right of the Township of St. Clair to require the Owner of a
dangerous Dog to provide and maintain a policy of liability insurance in
| the amount of at least one million dollars, covering the twelve-month
period during which licensing is sought, for injuries caused by the
Owner's dangerous Dog. This policy shall name the Municipality as a
|
co-insured for the sole purpose of the Municipality being notified by the |
| insurance company of any cancellation, termination, or expiration of the
policy. |
|
iv. If the Municipality has, in its sole discretion, determined that a Dog isa |
| dangerous Dog for the purposes of this By-Law, the Municipality may
Impound the said Dog at the Owner's expense for a maximum of 10
| days or the Municipality may order the Owner of the said Dog to |
| Impound the Dog on the Owner's property until such time that the Owner
of the said Dog has complied with all of the requirements contained in
this By-Law for the keeping of a dangerous Dog. Should the Owner fail
to comply with all of the requirements contained in this By-Law for the
keeping of a dangerous Dog within the said 10-day period, the
| Municipality may humanely destroy the Impounded dangerous Dog.
\| |
V. In the event the Owner fails to comply with the provisions of section 3.4, |
the Dog shall be seized in accordance with section 13 of the D.O.L.A.,
| as amended.
| 5 Within the Township of St. Clair, no Owner of a dog shall fail to keep his or her
| Animal leashed when not on the Owner's property. |
\|
| '6 All Owners of Animals shall remove excrement left by their Animal in any place
| | within the Municipality, even if it is on the premises of the Owner of the Animal. |
.' No Person shall keep upon or in any lands or premises within the Township of
| St. Clair 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.
-8 No Person shall keep upon or in any lands or premises within the Township of
| St. Clair, in any Residential Area, any farm Animals or livestock (i.e., chickens |
or goats), unless permitted by the Township of St. Clair Zoning By-Law, as
| amended from time to time. Farm Animals/livestock are not considered
| domestic Animals.
| '9 Subject to the Township of St. Clair Exotic Animal By-Law, no Person shall |
keep any Wild Animal or Exotic pet upon or in any lands or premises within the |
Township of St. Clair, unless explicit permission for a business related to Exotic
pet or Animals is provided by St. Clair Township Council.
| .10 Responsibilities of Dog Owners and the Public:
i. No Owner shall permit his or her Dog: |
| | a) To bite, attack, threaten, harass, chase, kill, or injure any Person |
including, but not limited to, when such Person is on a bicycle, |
walking, or running;
| b) To fight with any domestic Animal or domestic bird; and
| c) To damage public or private property.
ii. No Person shall Obstruct or interfere with, hinder, or impede an Animal |
| Control Officer in the performance of any duty authorized by this By-
| Law or provincial legislation.
| iii. No Person shall:
| a) Tease, torment, annoy, or abuse any Dog; and
b) Untie, loosen, or otherwise free any Dog which is not in distress
| unless such Person has the authorization of the Owner or the lawful
| | authority to do so and the Dog is registered.
| |
3.10 Abandonment or Disposal of Animals and/or Litters of Animals:
|
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| | |
| 3.10.1. No Person shall abandon or dispose of a live Animal and/or litters of
live Animals on any private or other property, including public
| property, within the Municipality, without the written permission of |
| the property Owner.
3.10.2 Reporting the Abandonment or Disposal of Animals and/or Litters of
Animals: |
a) Any prohibited abandonment or disposal of live Animals and/or litters
| of Animals must be reported to the Pound Keeper during regular
| business hours. Information to be reported to the Pound Keeper
includes, at a minimum, the following:
!
| i) Date and time of the abandonment or disposal.
| ii) The license plate number of the vehicle responsible for
abandoning or disposing of the live Animal(s) and/or litters of
Animals.
|
| ili) A description of the vehicle responsible for abandoning or
| disposing of the live Animal(s) and/or litters of Animals which
may include information on the make, model, or colour of the |
vehicle.
i Animals in Vehicles: |
3.11.1 | The Owner of an Animal shall not leave an Animal unattended in a |
| | motor vehicle if the weather conditions are not reasonably suitable
for containment of an Animal.
| | 3.11.2 An Officer who has reasonable grounds to believe that an Animal left |
| | unattended in a motor vehicle is in imminent physical danger may |
| take steps to remove the Animal from the vehicle. In the event the
| Animal requires veterinary care as determined by the Officer, in its
| sole discretion, the Officer may deliver the Animal to a veterinarian
| for such care. The Owner of the Animal shall be responsible for all
| costs of the associated veterinary care.
PART 4 DOG KENNELS, RUNS, ETC.
| 4.1 Where any Person establishes a Dog Kennel, structure, enclosure, pen, or run
| in which a Dog, 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 odours, and shall be kept free of
| flies or vermin at all times.
4.2 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.
| 4.3 No Dog Kennel shall be constructed or located within two hundred (200) metres |
of any building used for human habitation on an adjacent lot. |
]
| PART5 _ POUND KEEPING
] 5.1. The Township 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. |
| |
| |
|
PART 6 PENALTY SECTION (Schedule "C")
|
6.1 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.
.2 If any section or portion of the By-Law or of Schedules "A", "B", and "C" 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", "B", and "C" |
| continue in force and effect.
).3 Any Person who does not pay for their Dog tag(s) by March 15** of each year,
| the amount of the Dog License fee as per Schedule "C" will be added to the
property Owner's September taxes and collected in the same manner as
| municipal taxes.
ART 7 ENACTMENT
if This By-Law shall come into force and effect on the date of passing. |
|
MART 8 __ SHORT TITLE
| 3.1 That the By-Law be known by the short title Responsible Dog Ownership By- |
| Law and Animal Control By-Law.
| 'ai a first and second time this 12'" day of August, 2024.
| READ a third time and finally passed this 12'" day of August, 2024.
| | ; |
| ayor Jeff Agar |
| ZA ze tr Baranek |
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| |
}
| | The Corporation of the Township of St. Clair |
| SCHEDULE "A" |
|
| TO BY-LAW 40 of 2024: Animal Control By-Law |
| |
Every Owner of a Dog shall pay to the Corporation of the Township of St. Clair a set |
fe e for replacement Dog registration tags as follows:
| eplacement Dog Registration Tag $10.00/tag
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| a) Kennel License $200.00 |
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| (this fee and the fees for dog tags may differ from the current Fees By-law |
for the Township of St. Clair. In that event, the most recently adopted fee |
takes precedent)
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The Corporation of the Township of St. Clair
| SCHEDULE "B" |
| TO BY-LAW 40 of 2024: Animal Control By-Law |
| |
| ADDITIONAL FEES |
| In addition to any fines that are imposed as per Schedule "C", the additional fees as |
| described herein shall be payable as follows:
| |
| | A. REDEMPTION FEES |
If a dog is taken to the Sarnia Humane Society, the Owner shall pay the
following before the Animal can be retrieved by the Owner:
- The current fee charged by the Sarnia Humane Society. |
« An administration fee of $25, payable to the Township of
St. Clair.
For repeat offenders or at the discretion of the Animal Control Officer:
| Before the dog can be retrieved, the Owner will complete Form 1. Fees |
incurred by the Township of St. Clair from the Animal Control |
Officer/By-Law Enforcement Officer, or designate, to transport the |
Animal, including but not limited to, an hourly rate and mileage
charges.
| B. COST RECOVERY FEES
| County of Lambton By-Law Enforcement Officer Involvement.
| Where the County of Lambton By-Law Enforcement Officer's involvement has
| been deemed necessary, the property Owner will pay all associated costs for
| inspections, file record work, order issuance, phone calls, etc.:
| | $/hour plus mileage (charged at the current County of Lambton approved
| rate).
|
| Appeal Order. |
| Where the order is not entirely quashed on appeal, for each order issued
pursuant to this Chapter in respect of any property: |
| $200 to $300 (Actual Cost reimbursement).
Attend a Hearing of the Superior Court of Justice.
Where the order is not quashed on appeal, for each By-Law Enforcement
| Officer who attends a hearing before the Superior Court of Justice:
Actual Costs reimbursement.
Inspections where Owner fails to comply with an Order.
An Owner who failed to comply with a confirmed Order shall pay the fee for
each inspection to determine if contraventions of this By-Law observed on an
initial inspection have been corrected where the contraventions have not been
remedied by the time provided for it in the said Order:
Actual Costs reimbursement.
Orders have been registered and require discharge.
Where a property standards Order has been registered, an Owner or |
occupant may apply for an inspection of the property in respect of the Order |
and shall pay a fee at the time of application. This fee includes the registration
of a discharge where compliance with the Order is found: |
Actual Costs reimbursement. |
| Conviction registered for a breach of any Order.
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Where there has been a conviction registered for a breach of any Order, for
| | each By-Law Enforcement Officer who attended a hearing in the Ontario Court
| of Justice:
| $500. |
| Township Administration Fee for Non-Compliant Pet Owners.
| An administration fee of 15% will be added to all invoices to pet Owners |
| receiving invoices because of non-compliant properties:
| 15% of total invoice applied to the property. |
| | Certificate of Compliance. |
Where, after inspecting a property, an officer may, or on the request of the |
| Owner, issue the Owner a Certificate of Compliance:
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| The Corporation of the Township of St. Clair |
| SCHEDULE "C" to By-Law 40 of 2024: Responsible Pet Ownership By-Law
| | (Animal Control)
| Part 1 Provincial Offences Act
| ITEM COLUMN 1 COLUMN 2 COLUMN 3
| | Short Form Wording Provision Creating or Set Fine
Defining Offence
1 Permit Dog torunat s. 2.1 $100.00
large or trespass
|
Fail to attach Registration Tag
| to Dog s. 2.4 $100.00 |
|
| Permit unprovoked persistent |
noise by a domestic pet s.2.5 $100.00
4. Fail to have Dangerous Dog |
| | spayed or neutered s.3.4 (i) (b) $400.00 |
|
| : Fail to ensure up-to-date rabies shot for
Dangerous Dog s.3.4 (i) (c) $400.00
E Fail to display Dangerous Dog
sign on property s.3.4 (i) (d) $400.00
| Fail to muzzle Dangerous Dog s.3.4 (ii) (a) $400.00 |
8. Fail to leash Dangerous Dog s.3.4 (ii) (b) $400.00
9 Fail to keep Dangerous Dog under
Control of an adult $.3.4(ii) (Cc) $400.00
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10. Fail to securely confine Dangerous |
| Dog $.3.4 (iii) (a) $400.00 |
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12. Owner failed to remove |
| excrement s. 3.6 $100.00 |
I}
13. Keep more than 2 Dogs |
| per household s. 3.7 $100.00 |
14. Keeping of Exotic |
| pet(s) s. 3.9 $400.00
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| 15. Permit Dog to threaten, bite,
| | attack any Person $.3.10(i) (a) $400.00 |
}
| ie. Permit Dog to fight any
domestic Animal s.3.10(i) (b) $400.00 |
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| 17. Permit Dog to damage public/
| private property s.3.10(i) (c) $400.00
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| 18. Obstruct, interfere, hinder, impede
| Animal Control Officer s.3.10(ii) $400.00
| 49. Tease, torment, annoy, or abuse
| | Dog $.3.10(iii) (a) $400.00 |
|
he penalty provision for the offence indicated above is Part 6, Section 6.1 of By-Law 40 of |
024, a certified copy of which has been filed. |
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART 1
| IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
| rules for the Ontario Court of Justice that the amount set opposite each of the
| ences
| if the schedule of offences under the Provincial Statutes and Regulations
i ereunder
and Municipal By-Law No. 40 of 2024, of the Township of St. Clair, attached hereto
: the set fines for those offences. This Order is to take effect
| ated at , Ontario, this day of
20.
Regional Senior Justice
est Region
|
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FORM 1
| formation Required for Release of Animal from Sarnia District
| umane Society (SDHS)
Animal Owner Information
lame ----------e
| ome Address:
ailing Address (if different than Home Address):
|
-mail:
"
nimal Information
| nimal Name and Type:
| nimal Name:
nimal Registration Tag Number from Township of St. Clair:
not applicable, you are required to register your Animal (applies to Dogs only). Please
-- the Municipal Office at 519-867-2021 to register your Dog.
i ees Associated with Animal Control Services
[he Sarnia District Humane Society (SDHS) will consult with the Township of St. Clair
By-Law Enforcement Officer on the fees applicable at the time of release of the
| nimal.
fl nimal Owners are responsible to pay all fees associated with the capture of their
j nimal, Pounds keeping, any medical care required, and any follow up investigation
quired at cost as per the Township of St. Clair's Animal Control By-Law 40 of
4024. The below information is a general accounting of fees due at this time. By |
signing this form prior to the release of your Animal, you are consenting to complete |
payment of all additional costs associated with this Animal capture and any related
| vestigation. |
Applicable Fees |
Y/N
Administration Fees $25.00 $25.00
ounty of Lambton By-Law | $60/hour plus |
| Enforcement Services mileage |
|
Future Inspection Fee Charge at 1 hour $60 plus mileage |
for By-Law |
| Officer plus
mileage
DHS Fees $90/Dog
Plus other
medical fees
TOTAL ee ee
boxt Steps Required
[ne FW
[Inspection at property housing Animal Pe ae |
[Spier Dog registration tag (free) from the St. Clair Township
Office
i (as specified by By-Law Enforcement Officer) td |
| aiver and Agreement to Pay Future Fees
| , Owner of the Animal identified on this form,
a nd residing at the address, , hereby agree to
pay all costs associated with this capture, housing, and related investigation by the
fownship of St. Clair related to this incident. | understand if fees are not paid, they
ill be added to my property taxes (if property Owner in Township of St. Clair). | have
ian the attached schedule of applicable fees.
| i urther, if next steps are identified as required on this Form, or subsequently
ig entified as required by the By-Law Enforcement Officer, | will support these next
l and not Obstruct the work of the By-Law Enforcement Officer.
| | ignature Date
Nitness
FORM 1 Attachment
SCHEDULE "B"
TO BY-LAW 40 of 2024: Animal Control By-Law
|
ADDITIONAL FEES
| In addition to any fines that are imposed as per Schedule "C'", the additional fees as
| described herein shall be payable, as follows:
| C. REDEMPTION FEES |
If the Animal is taken to the Sarnia Humane Society, the Owner shall
pay the following, before the Animal can be retrieved by the Owner:
- The current fee charged by the Sarnia Humane Society. |
« An administration fee of $25, payable to the Township of
St. Clair, and any other pertinent fees according to this By-
| law or the SDHS.
| For repeat offenders, or at the discretion of the Animal Control Officer: |
| Before the Animal can be retrieved, the Owner will complete Form 1. Fees |
incurred by the Township of St. Clair from the Animal Control Officer/By-
Law Enforcement Officer, or designate, to transport the Animal, including
| but not limited to, the hourly rate and mileage charges.
| D. COST RECOVERY FEES
County of Lambton By-Law Enforcement Officer Involvement. |
Where the County of Lambton By-Law Enforcement Officer's involvement has
been deemed necessary, the property Owner will pay all associated costs for
inspections, file record work, Order issuance, phone calls, etc.:
$60/hour plus mileage (charged at the County of Lambton approved rate).
Appeal Order.
Where the Order is not entirely quashed on appeal, for each Order issued
pursuant to this Chapter in respect of any property:
$200 to $300 (Actual Cost reimbursement).
Attend hearing of the Superior Court of Justice.
| Where the Order is not quashed on appeal, for each By-Law Enforcement
Officer who attends a hearing before the Superior Court of Justice:
Actual Costs reimbursement.
Inspections where Owner fails to comply with an Order.
An Owner who failed to comply with a confirmed Order shall pay the fee for
each inspection to determine if contraventions of this By-Law observed on an
initial inspection have been corrected where the contraventions have not been
remedied by the time provided for in the said Order: |
Actual Costs reimbursement. |
Order has been registered and require discharge.
Where a property standards Order has been registered, an Owner or occupant
may apply for an inspection of the property in respect of the Order and shall
pay a fee at the time of application. This fee includes the registration of a
discharge where compliance with the Order is found:
Actual Costs reimbursement.
Conviction registered for a breach of any order.
Where there has been a conviction registered for a breach of any Order, for
each By-Law Enforcement Officer who attended a hearing in the Ontario Court
of Justice:
$500. |
Township Administration Fee for Non-Compliant Pet Owners.
An administration fee of 15% will be added to all invoices to pet Owners |
receiving invoices because of non-compliant properties: |
15% of total invoice applied to property.
| Certificate of Compliance.
Where after inspecting a property, an officer may, or on the request of the |
Owner, issue the Owner a Certificate of Compliance: |
$50.
|
|
OFFICE OF THE REGIONAL SENIOR JUSTICE CABINET DU JUGE PRINCIPAL REGIONAL
ONTARIO COURT OF JUSTICE COUR DE JUSTICE DE L'ONTARIO
WEST REGION ay » REGION DE L'OUEST
80 DUNDAS STREET, 10" FLOOR, UNIT L | Comm | 80, RUE DUNDAS, 10° ETAGE, UNITE L
LONDON, ONTARIO N6A 6A8 L/ ey A LONDON (ONTARIO) N6A 6A8
eda
CoRR TELEPHONE/TELEPHONE (519) 660-2292
FAX/TELECOPIEUR (519) 660-3138
October 21, 2024
Jeff Baranek
Township of St. Clair
Greetings,
Re: Set Fines - Provincial Offences Act -- Part 1 By-law 40 of 2024,
Responsible Pet Ownership By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in Sarnia, together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences Under the Provincial Statutes
and Regulations thereunder and By-law 40 of 2024 of the Township of St
Clair attached hereto are the set fines for those offences. This Order is to
take effect October 21, 2024.
Dated at London this 21st day of October 2024.
----
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
The Corporation of the Township of St. Clair
SCHEDULE "C" to By-Law 40 of 2024: Responsible Pet Ownership By-Law
(Animal Control)
Part 1 Provincial Offences Act
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Set Fine
Defining Offence
1. PermitDog __torunat s. 2.1 $100.00
large or trespass
2. Fail to attach Registration Tag
to Dog s. 2.4 $100.00
3. Permit unprovoked persistent
noise by a domestic pet s. 2.5 $100.00
4. Fail to have Dangerous Dog
spayed or neutered s.3.4 (i) (b) $400.00
5. Fail to ensure up-to-date rabies shot for
Dangerous Dog s.3.4 (i) (c) $400.00
6. Fail to display Dangerous Dog
sign on property s.3.4 (i) (d) $400.00
7. Fail to muzzle Dangerous Dog s.3.4 (ii) (a) $400.00
8. Fail to leash Dangerous Dog s.3.4 (ii) (b) $400.00
9. Fail to keep Dangerous Dog under
Control of an adult s.3.4(ii) (c) $400.00
10. Fail to securely confine Dangerous
Dog s.3.4 (iii) (a) $400.00
12. Owner failed to remove
excrement s. 3.6 $100.00
13. Keep more than 2 Dogs
per household s. 3.7 $100.00
14. Keeping of Exotic
pet(s) s. 3.9 $400.00
15. Permit Dog to threaten, bite,
attack any Person s.3.10(i) (a) $400.00
16. Permit Dog to fight any
domestic Animal $.3.10(i) (b) $400.00
17. Permit Dog to damage public/
private property $.3.10(i) (c) $400.00
18. Obstruct, interfere, hinder, impede
Animal Control Officer s.3.10(ii) $400.00
19. Tease, torment, annoy, or abuse
Dog s.3.10(iii) (a) $400.00
The penalty provision for the offence indicated above is Part 6, Section 6.1 of By-Law 40 of
2024, a certified copy of which has been filed.