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Corporation Of The |
7 F |
Township Of Stone Mills |
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| By-Law Number 2010-532 |
Being A By-Law To provide for the licensing of dogs, the licensing of a
kennel and to regulate dogs running at large. |
WHEREAS the Section 11 of the Municipal Act R.S.O. 2001, as amended
authorizes a lower tier municipality to pass bylaws respecting matters within
spheres of jurisdiction; and |
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| WHEREAS Section 1 Subsection 2 of the Municipal Act R.S.O. 2001, as
amended assigns exclusive jurisdiction to lower tier municipalities to enact |
bylaws respecting animals; and , |
WHEREAS Section 103 of the Municipal Act R.S.O. 2001, as amended provides
for the seizure and impounding of dogs being at large or trespassing contrary to |
the bylaw, and for the sale of impounded dogs; and |
WHEREAS Section 105 of the Municipal Act R.S.O. 2001, as amended provides |
for the holding of a hearing upon the request of the owner of a dog when a i
municipality requires the muzzling or leashing of a dog under any circumstances; |
and |
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WHEREAS the Council of the Corporation of the Township of Stone Mills deems
| it necessary and expedient to require the registration of dogs, to regulate the 1
running at large of dogs and for regulating the operation and location of kennels
within the Township of the Township of Stone Mills. \
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NOW THEREFORE the Council for the Corporation of the Township of Stone i
| Mills enacts as follows: |
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| 1. Title: }
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1.1. This By-law may be referred to as the Dog Control By-law. |
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2. Definitions: |
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2.1. For the purposes of this Bylaw, the following words or phrases
shall have the meanings associated therewith. !
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A dog shall be deemed to be under the control }
of a person when it is not running at large or i
Control when accompanied by the owner and the dog 1
is attached to the owner through a leash or }
lead not more than 3 meters in length
The duly elected Council for the Corporation |
of the Township of Stone Mills
A lot that has been developed for residential
purposes and contains a detached house or a I
pieteanpeass Lat dwelling unit as defined by the Zoning Bylaw
of the Township of Stone Mills |
Dog sd A male or female dog of the species cannis |
familiaris, whether or not spayed or neutered
DogRun As defined by the Zoning Bylaw of the |
selec Township of Stone Mills |
Guide Dog A dog that is trained to aid the visually |
impaired and is actively use for such purpose |
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All hamlets recognized by the Official Plan of |
the Township and includes Camden East,
Hamlet Yarker, Colebrook, Moscow, Tamworth, |
Enterprise, Erinsville, Croydon, Strathcona, |
Newburgh, and Centreville |
The Ontario Society for the Prevention of ; |
Humane Society Cruelty To Animals and includes any Branch
or local association affiliated therewith |
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Township of Stone Mills
Officer upon payment of the license fee
"| Township of Stone Mills |
Any person or persons appointed by the
Township and charged with the responsibility |
Officer for the providing of specific services and the |
enforcement of provisions included within this i
by-law |
When used in the context of the ownership of |
a dog, shall includes any person, |
_ | organization or corporation who possesses or i
Owner/ Owns harbours a dog and where the owner is a
minor, shall include the person responsible for
the custody of the minor and shall include a
person who is temporarily the keeper of a dog ]
Any individual, firm, incorporated group, |
| Person business entity, club or organization to whom |
the context can appl |
A dog trained to aid law enforcement officers i
and is actually being used for the purposes of
Police Work Dog law enforcement, the protection of the public,
the investigation of crime or the apprehension |
of persons violating the law |
Such premises and facilities designated by i
of dogs HW
A person appointed by the Township to |
That period of time, which the owner of a dog !
Redemption Period that has been impounded in a pound, has the i
right to redeem the dog }
A dog that is allowed to travel unaccompanied |
. by any person onto lands other than those H
| SOning ALaite lands owned or under the possession of the |
owner of the dog |
A dog used or intended to be used for i
Sporting Dog sporting activities including hunting and the |
flushing or the pursuit of pre |
A metal disc bearing a registration number for |
| Tag the dog for which it has been issued and the |
ear of issuance 1
Any dog with a known history or a specific 1
breed or mix thereof that has a natural i
Vicious Dog inclination, disposition or tendency to attack
domestic animals or humans without 1
provocation \
Includes sheep dogs or any dog trained to aid |
Working Dog in herding or protecting livestock and is \
actively used for this purpose
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3. Interpretation |
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3.1. For the purposes of this bylaw, any word or phrase which implies |
the male gender will be deemed to include the female gender, and
when applicable, any word or phrase which implies the singular
| will be deemed to include the plural. |
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4. Registration |
4.1. The owner of any dog shall prior to the 31st day of March in each |
year, or at such time a dog is obtained, or reaches the age of (3) |
months, cause the dog to be registered by the Township.
4.2. For the purposes of the registration 'of a dog, in addition to |
information relating to the owner, the owner shall provide the
\ following for each dog being registered:
' 4.2.1. Given name;
4.2.2. Gender
4.2.3. Neutered/Spayed |
4.2.4. Breed
4.2.5. Age
4.2.6. Colour And Markings
4.2.7. Disposition. |
4.3. | The owner of a dog shall pay a fee for the registration of each dog i
as provided for in that bylaw which establishes the Tariff of Fees |
for municipal services. |
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4.4. | The owner of a dog shall upon the registration of the dog, shall be
furnished with a tag that includes the registration number for that |
dog and the year for which it is registered and a license which \
identifies the dog has been registered. i
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4.5. The Township shall maintain a register of all dogs registered
within the Township and the Officer shall be provided with a copy i
of this register. |
4.6. |The owner of a dog shall obtain a new tag from the Township |
should a tag previously issued for that year be lost or destroyed or i
rendered unreadable for any reason, and the owner of that lost or |
destroyed tag shall pay that fee as provided for in the bylaw that 1
establishes the Tariff of Fees for municipal services prior to the i
issuance of the new tag. l
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4.7. | The attachment of a micro-chip or any similar device onto a dog i
does not eliminate the requirement for a tag. l
5. Supervision and Control i
5.1. Not more than a total of three (3) dogs shall be kept upon any f
developed lot in a Hamlet.
5.2. Notwithstanding Paragraph 4.2 herein, this provision shall |
| specifically not apply to: }
| 5.2.1. An Animal Hospital owned or operated by a 1
Veterinarian licensed by the Ontario Veterinarian
Association while providing a veterinarian service
5:22. A Pet Store;
5.2.3. A Humane Society Shelter; 1
5.2.4. A Pound established by or for the Township; or
5.2.5. Dogs under the age of three (3) months. |
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5.3. The Township may at any time require any person that is }
identified as the owner of a lot in accordance with the records H
maintained by the Township, to provide a statement in writing |
indicating the number of dogs maintained upon that lot. i
5.4. No person who owns a dog shall allow the dog to run at large.
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5.5. No person who owns a dog shall allow the dog to run at large |
upon private property without the specific permission of the private |
property owner.
5.6. | Any person who owns a dog shall ensure the dog is under control
at all times while in a public place. |
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5.7. | The owner of a dog that has a history of running at large, shall
when that dog is outside of a dwelling, keep that dog in an
enclosure that will prevent the dog from running at large. |
5.8. In addition to other requirements as provided herein, any person
who owns a vicious dog, shall not permit the dog to be on any
street, in any public place or in any place other than within the
dwelling of the owner unless the dog wears a muzzle that is
intended to prevent the dog from biting any person or other l
animal, or the dog is securely confined in an enclosure located on |
the lands of the owner of the dog and is .so designed and
constructed to:
5.8.1. preventing the dog from running at large;
5.8.2. to prevent any person from being attacked by the i
dog if a person is in the immediate proximity to the
enclosure; and |
58S. to prevent any person from inadvertently entering |
the enclosure. |
| 5.9. Notwithstanding Paragraph 5.8 herein to the contrary, this
paragraph shall not apply to a vicious dog while that dog is in |
| attendance at an event sanctioned by the Canadian Kennel Club. !
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5.10. No owner shall allow his dog to defecate on: }
5:10.71. any public lands subject to pedestrian traffic; |
S102. a public park; |
5.10.3. a public place regularly attended by persons on |
foot; or |
5.10.4. private property where no specific permission has I
been granted by the owner; I
unless the droppings are forthwith retrieved and disposed of by |
the owner. i
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5.11. An Officer may enter upon any private property for the purpose of
catching a dog that has been running at large. |
5.12. A dog which is found running at large, may be seized and i
impounded or returned to it's owner by the Officer. I
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5.13. The Officer may use all means at his disposal to seize and |
impound any dog found running at large contrary to this bylaw I
providing the seizing and impounding is conducted as humanely fl
as possible and does not cause any permanent harm to the dog |
running at large. |
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5.14. Notwithstanding Paragraph 5.14 herein to the contrary, the 1
restrictions provided therein do not apply if in the opinion of the 1
| Officer that an imminent harm may be caused to persons and/or \
property if the dog running at large is not immediately seized and l
impounded and no other means is available that would prevent a {|
permanent harm or death to the dog.
5.15. In the event that a dog is mortally injured as a result of seizing or |
impounding, the dog may be euthanized by a_ qualified i
veterinarian to prevent further pain and suffering, and there shall |
be no damages or compensation to the owner arising from these I
actions. i
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5.16. Any person may capture a dog running at large while trespassing l
on his/her property, however when a dog has been captured, that |
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property owner shall notify the Township forthwith of the capture |
and deliver the dog to the Officer for impounding. |
5.17. No person shall permit a dog to become a public nuisance.
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5.18. A dog shall be deemed to be a public nuisance if the dog: |
5.18.1. Persistently barks or howls and interferes with the |
normal enjoyment of another persons property; |
5:18:2. Causes damage to public or private property,
including injury to livestock and poultry;
5.18.3. Consistently interferes with or scatters garbage;
5.18.4. Persistently barks at or chases person using public
or private property; |
5.18.5: Swims at a public beach. |
5.19. At the request of the owner of a dog, Council shall hold a hearing |
ly to consider the exemption of any requirement provided for herein
for the muzzling and leashing of a dog. |
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5.20. Where Council has approved an exemption for the muzzling or
leashing of a dog, Council may impose any condition respecting |
this exemption which Council has deemed appropriate. |
6. Kennels
6.1. In addition to such other requirements as provided for herein the
provisions provided for in this Section shall specifically apply to }
| persons operating or proposing to operate a kennel. ]
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6.2. | No person shall develop or operate a kennel unless that kennel is }
developed and operated in accordance with the provisions of the |
Zoning Bylaw of the Township of Stone Mills as amended. i
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6.3. | Notwithstanding Paragraph 6.2 herein to the contrary, no provision |
contained in the zoning bylaw of the Township of Stone Mills as |
amended is intended to prohibit or restrict the lawful continuation |
of a kennel provided that: l
6.3.1. the operation of the kennel was a legal use of the i
land as of the date of adoption of the zoning bylaw; i
6.3.2. the kennel has continued without interruption since |
the date of adoption of the zoning bylaw; 1
6.3.3. there has been no change in the use of the kennel |
or the expansion of the kennel since the date of |
adoption of the zoning bylaw; and |
6.3.4. the owner of the kennel has maintained a lawful |
license for the operation of a kennel since the date |
| of adoption of the zoning bylaw. 1
6.4. No person shall operate a kennel without a license issued by the I
Township for this purpose. i
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6.5. | Any person whose intention it is to operate a kennel or any person |
wishing to renew a kennel license shall submit an application to |
the Township for this purpose together with the required fee as }
provided for in the bylaw which establishes the Tariff of Fees for 1
municipal services. 1
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6.6. Any person that has been issued a license to operate a kennel in }
a prior year shall discontinue the operation of that kennel if a new li
license has not been issued by the Township by the 31st day of 1
March in any subsequent year.
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6.7. The owner of a kennel shall not be required to register with the |
Township each individual dog in a kennel, however the owner i
shall maintain a registry of that information required for the i
registration by the Township and this information shall be made |
available to the Township upon request. i
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6.8. | The Township shall maintain a registry of all kennels for which a
kennel license has been issued, and copy of this registry or the |
| information contained therein registry shall be provided to the |
| Officer on a monthly basis or at such other times when additions
have been made to this registry. |
6.9. | The owner of a dog comprising part of a kennel operation shall not |
allow that dog to run at large. |
6.10. No person shall keep, use or maintain any kennel in a condition |
that is considered to be nauseous, foul or offensive or a public |
nuisance, and upon the finding of such a condition, the Township
may revoke the license authorizing the operation of that kennel. |
6.11. The Township may at any time inspect the operation of a Kennel |
or request the Humane Society to conduct an inspection of a
, kennel and to provide a report to the Township on the conditions !
| thereof. |
7. Dogs Seized and Impounded |
7.1. A pound shall be established for the impounding of dogs, pursuant
to the provisions of this Bylaw. |
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7.2. The establishment, maintenance and operation of a pound shall }
comply with the Animals for Research Act R.S.O. 1990 Chapter |
A.22. and the regulations made thereunder.
7.3. Where a dog is impounded pursuant to the provisions of this By- i
law, the operator of the pound may and shall confine the dog I
subject to the provisions of the Animals for Research Act R.S.O. 1
1990 Chapter A.22. }
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7.4. | Where a dog seized and impounded bears a tag issued by the
Township, the Officer shall search the register kept for that |
purpose and notify the registered owner thereof within 48 hours |
following the impounding and advise the owner the reasons for the i
impounding and the location where the dog has been impounded. 1
7.5. The redemption period shall be 5 clear days following the |
notification of the owner. 1
7.6. | An owner of a dog that has been notified by the Officer that a dog }
has been impounded, may collect the dog from the pound at any I
time during the regular operational hours of the pound during the i
redemption period upon providing evidence that the dog has been 1
registered by the Township and any and all fees applicable for the li
seizing and impounding of the dog have been paid in full. \
7.7. Any dog impounded and not collected by the owner within the five i
clear days from the time of notification, may be sold by the Officer i
or may be euthanized by a qualified veterinarian. |
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| 7.8. A statement provided by the Officer of notification of a dog 1
impounded will be considered sufficient evidence of the date and 1
time of notification. |
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7.9. Any dog sold following the impounding by an Officer, shall be
registered and a tag securely fixed upon the dog, and the amount |
of the sale shall be of a sufficient amount to cover the Township |
| costs of registration, the seizing and impounding fees incurred. |
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7.10. The receipt issued by the Township for the registration of the dog 1
shall be sufficient evidence of the new ownership of the dog and
Township records shall be amended accordingly. |
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8. Enforcement |
| 8.1. | The Township may assign the responsibility for the administration |
and/or enforcement of this bylaw to any person or company at any
time, and where a decision has been made to assign the
administration and/or enforcement of this bylaw, this decision shall
be confirmed by a bylaw of the Township. |
8.2. A bylaw adopted by Council to assign the administration and/or |
enforcement of this bylaw shall specifically provide for any |
assignment of the requirement for a hearing as provided for in
Paragraph 5.19 herein. |
8.3. | Penalties may be imposed upon any person who contravenes a
provision of this by-law in accordance with the Schedule of Short
| Form Wordings and Set Fines attached hereto and which shall |
comprise part of this By-law. The Schedule of Short Form
Wordings and Set fines shall come into effect upon the approval of
same by the Regional Senior Justice of the Ontario Court of |
Justice (Provincial Division). I
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8.4. Amendments to the Short Form Wordings and Set Fines arising |
from the approval of same by the Regional Senior Justice of the |
Ontario Court of Justice (Provincial Division) shall be enforceable |
without an amendment to this by-law. |
8.5. | Any fee imposed under this bylaw constitutes a debt to the person ]
who has benefited from the service. The Township shall, if there is 1
a failure by the person to pay this debt, add the fees imposed to |
the tax roll for any real property in the Township, the owners of I
which are responsible for paying the fees and collect them in like |
manner as municipal taxes. H
9. Exemptions:
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9.1. The provisions of Section 5.4 and 6.7 specifically do not apply to
Guide Dogs, Police Work Dogs, Working Dogs or Sporting Dogs ]
while actively engaged in the activity for their particular purpose i
and only on those lands that are owned by the owner, on those 1
lands for which the owner of the dogs has permission to allow the |
dogs to run for that particular purpose or on un-developed lands |
owned by the Crown in right of the Province of Ontario. i
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9.2. All dogs being used in accordance with Paragraph 9.1 herein shall
| bear a system for the identification of the dog, the owner and any i
kennel associated therewith.
10. Repeal Of Prior Bylaw !
10.1. That Bylaw 2005-300 as well as all other bylaws passed prior to i
the enactment of this bylaw of a like purpose as provided for i
herein is hereby repealed in it's entirety. |
11. Severability: |
| 11.1. If the decision of any court deems any provision or requirement of {
this By-law, or the application of this By-law to any person to be !
invalid or unenforceable, this decision shall not affect any other }
provision or requirement, and the balance of this by-law shall i
remain in full force and effect. 1
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| 12. Effective Date: }
12.1. This By-law shall be deemed to have come into effect upon the
enactment and coming into effect of Bylaw 2010-533 being a i
bylaw which provides a general amendment to zoning bylaw By- i
law 2000-85. |
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This By-law having been read a first, second and third time is hereby adopted
this 17th day of May, 2010.
ie.
Debbie Thompson, Reeve
Darlene Plumley, (GAO/Clerk
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THE CORPORATION OF THE TOWNSHIP OF STONE MILLS
Schedule Of Short Form Wordings And Set Fines
PART 1 - Provincial Offences Act
By-Law # 2010-532 License And Regulate Dogs And Kennels Page 1 Of 1
COLUMN 2
ITEM Shera been din Provision Creating Or Coo
. g. Defining Offence
Failing to register a dog Paragraph 4.1
Keeping of more than three dogs in a Hamlet Paragraph 5.1
Allowing a dog to run at large Paragraph 5.5
Failure to retrieve droppings of a dog Paragraph 5.10 $100.00
= ae" | Failure to prevent a public nuisance , $100.00
Failure to obtain a kennel license $200.00
NOTE: Penalty Provision For The Offences Indicated Above Is Section 8.3 Of By-Law No. 2010-532, A True Copy Of Which Has Been Filed And Section 61
Of The Provincial Offences Act, R.S.O. 1990, C. P.33.