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Animal Care and Control By-law
Schedule "A" to
By-law No. 2023-122
Being a by-law to regulate the care and control of animals, and the registration of dogs
and cats within the City of Temiskaming Shores
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
Table of Contents
1. Section 1 - General Provisions and Purpose ............................................................ 1
1.1
Short Title ........................................................................................................... 1
1.2
Scope ................................................................................................................. 1
1.3
Enforcement ....................................................................................................... 1
1.4
Administration and Delegation ........................................................................... 1
1.5
Interpretation ...................................................................................................... 1
1.6
Purpose and Standard of Care........................................................................... 2
2. Section 2 - Definitions ............................................................................................... 2
3. Section 3 - Registration of Cats and Dogs ............................................................... 7
3.1
Registrar ............................................................................................................ 7
3.2
Requirement to Register .................................................................................... 7
3.3
Registration Process .......................................................................................... 8
3.4
Issuance of Tags ................................................................................................ 8
3.5
Replacement Tags & Refunds ........................................................................... 9
3.6
Registrar's Records ............................................................................................ 9
4. Section 4 - Regulation - Dog, Cat, and Animal ...................................................... 10
4.1
Dog and Cat to Wear Tag ................................................................................ 10
4.2
Number of Dogs and Cats ................................................................................ 11
4.3
At Large ........................................................................................................... 12
4.4
Abandonment ................................................................................................... 12
4.5
Owner not to permit Trespass .......................................................................... 12
4.6
Required to Stoop and Scoop .......................................................................... 13
4.7
Owner Not to Permit Noise............................................................................... 13
4.8
Animal Prohibited Area .................................................................................... 13
4.9
No Person to Harbor ........................................................................................ 14
5. Section 5 - Vicious ................................................................................................. 14
5.1
No Owner Shall Permit Attack .......................................................................... 14
6. Section 6 - Seize and Impound .............................................................................. 15
6.1
Animal Care & Control Officer may Seize ........................................................ 16
6.2
Protective Care ................................................................................................ 17
6.3
Impound Fees .................................................................................................. 18
6.4
Trap Regulations .............................................................................................. 18
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
7. Section 7 - Regulations - Prescribed Birds ............................................................ 19
7.1
Household Birds ............................................................................................... 19
7.2
Hens ................................................................................................................. 19
7.3
Hen Coop Construction Requirements ............................................................. 19
7.4
Hen Coop Maintenance Requirements ............................................................ 19
7.5
Hen Run Requirements .................................................................................... 20
7.6
Compliance with Zoning Requirements ............................................................ 20
7.7
General Prohibitions ......................................................................................... 20
8. Section 8 - Regulations - Animals other than Dogs, Cast or Prescribed Birds ...... 20
8.1
General Prohibitions ......................................................................................... 20
8.2
Rabbit - Keeping .............................................................................................. 21
8.3
Mice, Rats, Guinea Pigs, Hamsters, Gerbils, Ferrets ....................................... 21
8.4
Snakes, Lizards ................................................................................................ 21
8.5
Horses, Domestic Fowl, Cattle, Goats, Swine, Mink, Sheep and Mules .......... 22
9
Section 9 - Kennels ................................................................................................ 22
9.1
Licensing .......................................................................................................... 22
9.2
Kennels Exempt from Tag Requirements ........................................................ 22
9.3
Requirement to Register Owner's Pets ............................................................ 22
9.4
Kennel License ................................................................................................. 22
9.5
Compliance with Zoning Regulations ............................................................... 23
9.6
Number of Animals Kept .................................................................................. 23
9.7
Construction Requirements .............................................................................. 23
9.8
Fence Requirements ........................................................................................ 23
9.9
Annual Inspection ............................................................................................. 23
9.10
Operate While Under Suspension................................................................. 24
9.11
Authorized Issuer .......................................................................................... 24
10
Section 10 - Interfere .......................................................................................... 24
11
Section 11 - Exemptions ..................................................................................... 25
11.1
Police Dog Exempt ....................................................................................... 25
11.2
Hens in Agricultural Zones Exempt ............................................................... 25
12
Section 12 - Penalties ......................................................................................... 25
13
Section 13 - Validity ............................................................................................ 25
Appendix "1" Part 1 Provincial Offences Act Set Fines ................................................. 26
Appendix "2" Animal Prohibited Area ............................................................................ 28
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
Appendix "3" Dog Off-Leash Areas ............................................................................... 29
Appendix "4" Kennel License Application ...................................................................... 30
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
1
1. Section 1 - General Provisions and Purpose
1.1 Short Title
This By-law shall be cited as the Animal Care and Control By-law.
1.2 Scope
Except where otherwise provided, the provisions of this By-law shall apply to all Persons
and property within the geographic limits of the City.
1.3 Enforcement
This By-law shall be enforced by an appointed Animal Care & Control Officer, By-law
Enforcement Officer, or Police Officer, where deemed appropriate.
1.4 Administration and Delegation
Except where otherwise provided, the provisions and administration of this By-law shall
establish the general guidelines and provide for the administration of Temiskaming
Shores Animal Services.
Temiskaming Shores Animal Services has the delegated authority to:
a) Make all decisions required under this By-law;
b) Perform administrative functions assigned under this By-law and those necessary
for the due administration and implementation of this By-law;
c) Establish, revise from time-to-time, such forms, documents, standards, protocols
and procedures as determine and required to implement and administer this By-
law;
d) Develop, implement, and promote programs and guidelines to encourage
responsible ownership, care and Control of Dogs and Cats, provided the programs
and guidelines are consistent with the spirit of this By-law and within Council
approved budgets; and
e) To partner to develop, implement and maintain programs of Control or monitoring,
which authorizes participants to operate programs in accordance with program
guidelines, and in accordance with approved budgets to manage overpopulation
and to mitigate other identified community-wide Animal issues.
1.5 Interpretation
1.5.1 Nothing in this By-law shall give any Person any right to Keep an Animal
where it is not permitted by:
a) a Zoning By-Law regulating the Premises on which Animals are kept;
b) federal or provincial statute or regulation, thereunder.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
2
1.5.2 Nothing in this By-law relieves any Person from complying with any
provision of federal or provincial legislation, or any other By-law of the City.
1.5.3 Specific references to laws or By-laws are meant to refer to the current laws
applicable at the time that this By-law was enacted, and shall be interpreted
to include amendments, restatements, and successor legislation.
1.5.4 If any court of competent jurisdiction finds any provision of this By-law is
illegal or ultra vires of the jurisdiction of the City, such provision shall be
deemed to be severable, and shall not invalidate any of the other provisions
of this By-law.
1.5.5 Where a provision of this By-law conflicts with a provision of another By-law
in force in the City, or any provisions of any federal or provincial statutes or
regulation, the provision that establishes the higher standard in terms of
protecting the health, safety and welfare of the general public and the
environmental well-being of the Municipality, shall prevail to the extent of
the conflict.
1.6 Purpose and Standard of Care
The purpose of this By-law is to:
a) Provide a framework for the delivery of enforcement services in respect to Animals
and the Keeping of Dogs, Cats, and Prescribed Birds;
b) Educate the public and set standards of care for humane and responsible pet
ownership; and
c) Maintain the health, safety and well-being of all Persons and their property, while
making all efforts possible to prevent potential conflicts with Animals, people,
property, and the environment.
2. Section 2 - Definitions
Definitions of words, phrases and terms used in this By-law that are not included in the
list of definitions in this section, shall have the meanings which are commonly assigned
to them in the context in which they are used in this By-law.
The words, phrases and terms defined in this section have the following meaning for the
purpose of this By-law.
2.1
Animal means a member of the Animal kingdom, other than a human, not covered
by the Wildlife Act.
2.2
Animal Care and Control Officer means the Person or Persons duly appointed by
Council as Municipal Law Enforcement Officers, for the purpose of enforcing the
City's Animal Care and Control By-law.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
3
2.3
Animal Prohibited Area means areas designated by Council in which Dogs, Cats
and Animals are not permitted.
2.4
Asilomar Accords means a set of standards created by the Asilomar Accords 2004
to define Animal Categories and for collecting and reporting data with the goal of
saving
the
lives
of
all
healthy
and
treatable
companion
Animals.
https://www.americanhumane.org/app/uploads/2016/08/au-asilomar-
accordspdf.pdf
2.5
At Large means where an Animal is in any place other than its Owner's lot and is
not restrained by a capable Person by means of a Leash or otherwise.
2.6
Building Code Act means the Building Code Act, S.O. 1992, C23.
2.7
By-law Enforcement Officer means the Person or Persons duly appointed by
Council as Municipal Law Enforcement Officers for the purpose of enforcing
regulatory By-laws of the City.
2.8
Cat means a male or female feline of any breed of domesticated Cat or crossbreed
of domesticated Cat.
2.9
Cat Tag means a Cat Tag issued pursuant to this By-law.
2.10 City means the Corporation of the City of Temiskaming Shores.
2.11 Control includes care and custody.
2.12 Coop means a fully enclosed weatherproof building where Hens are kept and which
the interior of includes nest boxes for egg laying, perches for the Hens to sleep on
and food and water containers.
2.13 Council means the Municipal Council of the City of Temiskaming Shores.
2.14 Dog means a male or female of the domesticated canine species.
2.15 Dog Owners Liability Act means the Dog Owners Liability Act R.S.O. 1990, c. D.16
as amended.
2.16 Dog Tag means a Dog Tag issued pursuant to this By-law.
2.17 Dwelling Unit means a Suite operated as a house keeping unit, used or intended to
be used as a domicile by one or more Persons, and usually containing cooking,
eating, living, sleeping and sanitary facilities.
2.18 Effective Control means to be in the care and custody of a Responsible Person.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
4
2.19 Feed(s) / Feeding means to intentionally furnish or make food available with regular
or intermittent supply of food or allowing the placing or maintenance of a supply of
food on a regular or intermittent basis, which food is accessible to or accessed by
a Dog, Cat, Prescribed Bird, or Animal.
2.20 Fire Chief means the head of the Temiskaming Shores Fire Department as
designated by Council.
2.21 Harbor means living with, having care and Control of, Feeding, leaving food in a
manner that is likely to attract a Dog, Cat, Prescribed Bird, or Animal to a property,
and shall also specifically include a situation in which any Person provides food to
any Dog, Cat, Prescribed Bird, or Animal whether domesticated or feral.
2.22 Hen means a domesticated female chicken.
2.23 Hen Run means a covered secure enclosure that allows hens' access to outdoors
2.24 Herding Dog means a Dog that has been trained and is actively being used in a
bona fide farming operation for the purpose of controlling livestock on the farm.
2.25 Keeps / Keeping means to own, Keep, Harbor, Maintain or Feed a Cat, Dog,
Prescribed Bird, or Animal.
2.26 Kennel means Premises other than a pet store, veterinary hospital or clinic, animal
shelter or property that is operating a legitimate fostering program for Dogs, Cats
or Animals under the authority of a society, in which the predominant activity
consists of: breeding Dogs, Cats or Animals, raising Dogs, Cats or Animals,
boarding Dogs, Cats or Animals, and/ or, Harboring more than the maximum
allowable number of Dogs, Cats or Animals.
2.27 Kennel License means a permit granted by City Council to operate a Kennel.
2.28 Leash means a restraining device, by which a Dog, Cat or other Animal is held in
check.
2.29 Leashed shall mean restrained by a Leash securely attached to the Dog or Cat and
a Person or object.
2.30 Lifetime Tag shall mean a non-transferrable tag for the life of the registered Cat or
Dog, conditional upon the Cat or Dog being spayed or neutered, and has a
Microchip or Tattoo.
2.31 Livestock Guardian Dog means a Dog that works and/or lives with domestic farm
Animals (e.g., Cattle, sheep, poultry) to protect them while repelling predators and
is used exclusively for that purpose.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
5
2.32 Lot Line means the boundary line between adjoining properties and or the boundary
line between a property and a highway, laneway, municipal sidewalk, or municipal
road allowance.
2.33 Maintain means to carry out repairs to any part or parts of a fence or structure,
retention equipment, muzzling device, or other such equipment necessary so it can
properly perform its intended function.
2.34 Microchip means an approved "Canadian Standard" encoded identification device
implanted into a Dog or Cat which contains a unique code that permits or facilitates
access to Owner information, including the name and address of the Owner, which
is stored in a central data base.
2.35 Municipality means the land within the geographic limit of the City of Temiskaming
Shores.
2.36 Muzzle means a humane fastening or covering device over the mouth of a Dog and
of sufficient strength to prevent the Dog from biting.
2.37 Noise(s) means unwanted and persistent sound.
2.38 Owner when used in relation to a Dog or Cat, or Animal, includes a Person who
possesses or Harbors the Dog or Cat, or Animal. Where the Owner is a minor, the
Person responsible for the custody of the minor. Owns has a corresponding
meaning.
2.39 Paramedic means a Person employed by the District of Temiskaming Social
Services Administration Board to provide emergency medical services.
2.40 Person means an individual, firm or corporation.
2.41 Police Dog means a Dog trained to aid law enforcement officers and used by such
officers in the execution of their duties.
2.42 Police Officer means a member of the Ontario Provincial Police Service.
2.43 Pound means premises that are used for the detention, maintenance or disposal of
Dogs or Cats that have been impounded pursuant to this By-law or the Dog Owners'
Liability Act.
2.44 Premises means the entire lot on which a single Dwelling Unit building or a multi-
Dwelling Unit building is situated.
2.45 Prescribed Bird means a bird permitted in Section 7 of Schedule "A" of this By-law.
2.46 Private Property means property which is privately-owned and is not City property.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
6
2.47 Provincial Offences Act means the Provincial Offences Act, R.S.O. 1990, c. P.33,
as amended.
2.48 Public Property includes all lands owned by the City, any local boards, any
corporations owned or controlled by the City and includes all Crown lands.
2.49 Registrar means the registration, records and database of Temiskaming Shores
Animal Services under the care of the Animal Care & Control Officer and appointed
agents for the City, pursuant to this By-law.
2.50 Responsible Person means a Person having the strength and capacity to securely
Control a Dog or Cat, so as not to permit or allow unwanted contact with another
Person, Dog, Cat, Prescribed Bird or Animal.
2.51 Run/Running At Large means to be found in any place other than the Premises of
the Owner of the Dog, Cat, or Hen and not under the Control of a Person in such a
manner as to prevent escape.
2.52 Service Animal means any Animal 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 relating to his or her disability; or where the Person provides a
letter from a physician or nurse confirming that he or she requires the Animal for
reasons relating to his or her disability; or a valid identification card signed by the
Attorney General of Canada or a certificate of training from a recognized guide Dog
or Service Animal training school.
2.53 Suite means a single room or series of rooms of complementary use, operated
under a single tenancy, and includes dwelling units, individual guest rooms in
motels, hotels, boarding houses, rooming houses, and dormitories.
2.54 Tag in reference to a Dog means a Dog Tag, and in reference to a Cat means a
Cat Tag.
2.55 Tattoo means a permanent ink marking for identification purposes.
2.56 Temiskaming Shores Animal Services means the authorized administration of
services set out in the By-law.
2.57 Veterinarian means a Person registered or licensed under the Veterinarian Act.
2.58 Veterinarian Act means the Veterinarian Act, R.S.O. 1990, c. V.3, as amended.
2.59 Vicious Cat means a Cat that has attacked or bitten a Person, Dog, Cat, or Animal
as determined by the Animal Care and Control Officer in accordance with Section
5.1 herein.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
7
2.60 Vicious Dog means a Dog that has attacked or bitten a Person, Dog, Cat, or Animal
as determined by the Animal Care and Control Officer in accordance with Section
5.1 herein.
2.61 Zoning By-law means all current By-laws and amendments thereto and any
subsequent By-laws which may be enacted in substitution therefore under the
Planning Act with respect to land use within the City.
3. Section 3 - Registration of Cats and Dogs
The licensing of pets is one step to encourage responsible pet ownership by properly
identifying companion Animals in the City. Tags are proof of ownership so that Animals
may be returned to their Owners sooner, often by neighbors, without incurring costs.
Responsible pet Owners reduce the number of companion Animals Running At Large,
preventing inadvertent breeding and helps mitigate over population within the
Municipality.
3.1
Registrar
3.1.1
Temiskaming Shores Animal Services is the Registrar responsible for the
issuance of Tags and may, from time-to-time, appoint inwriting agents for
the issuance of Tags, as necessary.
3.1.2
Temiskaming Shores Animal Services may revoke any such appointment
inwriting for such reason as Temiskaming Shores Animal Services shall
determine.
3.2
Requirement to Register
3.2.1
Except as provided to the contrary in this By-law, every Owner of a Dog or
Cat shall register the Dog or Cat with Temiskaming Shores Animal Services
on or before January 1st in each year that they are the Owner of that Dog or
Cat, or upon providing the necessary information, register for a Lifetime Tag
of that Dog or Cat.
3.2.2
Every Person who becomes the Owner of a Dog or Cat after January 1st in
any year; shall register the Dog or Cat with Temiskaming Shores Animal
Services within 7 days of becoming the Owner of the Dog or Cat, and on or
before January 1st in each year thereafter, unless registered under a
Lifetime Tag.
3.2.3
Notwithstanding Sections 3.2.1 and 3.2.2, no Person need to register a Dog
or Cat before the Dog or Cat reaches the age of twelve (12) weeks. The
onus of proof of the age of the Dog or Cat shall rest with the Owner.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
8
3.2.4
Notwithstanding Section 3.2.1 the Owner of a Cat(s) who resides in a
Dwelling Unit in an area which is zoned "rural" or "agricultural" pursuant to
the Zoning By-law, shall not be required to register his or her Cat(s),
provided the property on which the Dwelling Unit is located is used for
agricultural uses, as defined in the Zoning By-law.
3.2.5
The registration of a Dog or Cat shall expire upon the earliest of:
a) the transfer of Ownership of the Dog or Cat for which it was issued;
b) the death of the Dog or Cat for which it was issued; including Lifetime
registrations;
c) December 31st of the year in which it was issued, unless the Dog or Cat
was registered for a Lifetime Tag.
3.3
Registration Process
3.3.1
Every Person who applies to Temiskaming Shores Animal Services to
register a Dog or Cat, shall complete any necessary forms, and provide the
following:
a) provide the name, physical and mailing address, and telephone number
of the Owner of the Dog or Cat;
b) provide the name of the Dog or Cat;
c) provide a description of the Dog or Cat such as sex, age, breed, colour,
and temperament;
d) disclose whether or not the Dog or Cat has a Microchip implanted or has
been Tattooed;
e) disclose if the Animal is a Service Animal;
f) disclose if the Dog is a Livestock Guardian Dog, or a Herding Dog;
g) disclose if the Dog or Cat is spayed or neutered; and
h) pay the required registration fee as outlined in the City's current
Departmental User Fee and Service Charges By-law.
3.4
Issuance of Tags
3.4.1
Upon the applicant providing all information and documentation required by
Temiskaming Shores Animal Services, and paying the appropriate
registration fee, Temiskaming Shores Animal Services shall register the
Dog or Cat, and shall issue to the applicant a Dog Tag or a Cat Tag, which
bears a unique serial number, shows the year of issue and such other
information as may be determined by Temiskaming Shores Animal
Services.
3.4.2 Every Owner of a registered Dog or Cat shall advise Temiskaming Shores
Animal Services within 7 days thereafter, of:
a) change of address or phone number of the Owner of the Dog or Cat;
b) sale or other transfer of Ownership of the Dog or Cat; or
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
9
c) the death of the Dog or Cat.
3.4.3 Temiskaming Shores Animal Services shall have the right to cancel the
registration of a Dog or Cat if the registration fee is not paid in full, through
error, as a result of a cheque being returned marked 'Not Sufficient Funds',
a credit card charge being refused, or for any other reason deemed
legitimate.
3.4.4 Every Tag issued by Temiskaming Shores Animal Services remains the
property of the City, and in the event the registration of a Dog or Cat is
cancelled by Temiskaming Shores Animal Services, the Tag shall be
surrendered to Temiskaming Shores Animal Services.
3.5
Replacement Tags & Refunds
3.5.1 Temiskaming Shores Animal Services shall issue a replacement Dog Tag
or Cat Tag to the Owner of a registered Dog or Cat upon;
a)
application of the Owner;
b)
evidence satisfactory to Temiskaming Shores Animal Services that the
Tag was lost or damaged; and
c)
payment of the prescribed replacement Tag fee.
3.5.2 Temiskaming Shores Animal Services shall have discretion to issue a
partial or complete refund of the registration fee if they are satisfied that the
refund is being requested for a legitimate reason.
3.6
Registrar's Records
3.6.1 Temiskaming Shores Animal Care & Control shall maintain records of all
Dog Tags, Cat Tags and replacement Tags issued by Temiskaming Shores
Animal Services in each calendar year, and shall update such records as
additional information is received pursuant to Section 3.4.2.
3.6.2 The records under Section 3.6.1 shall include:
a)
the name, physical and mailing address and phone number of the
Owner of the Dog or Cat;
b)
name of the Animal.
c)
a description of the Dog or Cat such as sex, age, breed, colour and
temperament
d)
the particulars of any Tattoo or Microchip implanted in the Dog or Cat.
e)
the serial number of the Dog Tag or Cat Tag issued for that Dog or
Cat.
f)
the fee paid.
g)
if the Animal is a Service Animal.
h)
if the Dog is a Livestock Guardian Dog, or a Herding Dog.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
10
i)
if the Dog or Cat is spayed or neutered
j)
the particulars of any evidence provided in support of a fee reduction;
and
k)
other information as Temiskaming Shores Animal Services in their
sole discretion determines to be necessary.
4. Section 4 - Regulation - Dog, Cat, and Animal
Owning a pet is a long-term commitment. Owners must consider the time, effort, and
resources required to care for a pet throughout its entire life span, and choose a pet that
suits lifestyle, living situation, and capabilities to provide proper care and attention.
Standard of Care: Every Owner and Keeper of an Animal shall:
a) Comply with the standards of care and this By-law.
b) Keep in a humane manner free from abuse and neglect and is provided with the
necessities and conditions to Maintain and protect the Animal's wellbeing.
c) Not cause conflict with other Animals, people, property, or the environment.
4.1 Dog and Cat to Wear Tag
4.1.1
Every Owner of a Dog and every Owner of a Cat shall Keep the Lifetime
Tag, or Tag securely fixed on the Dog or Cat for which the Tag was issued,
at all times during the term of issue.
4.1.2
Notwithstanding Section 4.1.1, an Owner need not Keep the Tag on their
Dog or Cat:
a) while the Dog or Cat is contained within the Dwelling Unit of its Owner;
or
b) in the case of a Dog, while the Dog is being lawfully used for hunting,
and the Tag is produced upon request of an Animal Care & Control
Officer; or,
c) where a Veterinarian has determined it is necessary to remove the Tag
for medical treatment of that Dog or Cat; or,
d) if the Dog is a Livestock Guardian Dog or a Herding Dog and the Dog is
being actively used in farming practice and has been Tattooed or
implanted with a Microchip.
4.1.3
No Person shall remove a Tag from a Dog or Cat without the consent of the
Owner thereof.
4.1.4
No Person shall attach a Tag to a Dog or Cat other than the Dog or Cat for
which it was issued.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
11
4.2 Number of Dogs and Cats
4.2.1
The total number of permitted Dogs and Cats within a Dwelling Unit in each
Zone of the Municipality, as defined in the Zoning By-law, shall be as
follows:
Number
of
Permitted Dogs
Number
of
Permitted Cats
Combined Total
Rural Residential
(R1)
Low
Density
Residential (R2)
Medium Density
Residential (R3)
3
3
n/a
High
Density
Residential (R4),
Mobile
Home
Residential (M4),
and
all
other
zones that permit
a
Dwelling/
Dwelling Unit
2
2
3
Agriculture (A1),
and Rural (RU)
with a Dwelling/
Dwelling Unit
4
4
n/a
4.2.2 This section does not apply to:
a) A licensed Kennel;
b) a veterinary hospital;
c) a pet shop;
d) a Pound;
e) a newborn litter of Dogs or Cats kept under the age of 12 weeks old.
f)
farm Dogs or farm Cats; and/or
g) a rescue shelter or authorized Person or organization affiliated with a
rescue group.
4.2.3 The following legacy provision applies at the time of the passing of this By-
law. Despite subsection 4.2.1, any Person who, on the date of the passage
of this By-law, was lawfully Keeping more than the total allowable number
of Animals stated in subsection 4.2.1 may Keep the number of Dogs and
Cats over the total number permitted until they have died or relocated.
4.2.3.1 The number of allowable pets must still meet the provisions of
Section 4.2 of By-law 2013-051 and all Animals must be registered
at the time this By-law comes into force and effect.
City of Temiskaming Shores
Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
12
4.2.3.2 The legacy clause will not apply to any future Animals in a Dwelling
Unit, if the number exceeds the amount specified in Section 4.2.1
above.
4.3 At Large
4.3.1
No Owner of a Dog or Cat shall cause, allow, or permit a Dog or Cat they
own to be At Large within the limits of the City.
4.3.2
No Owner shall permit a Dog or Cat to Run At Large that is not within the
Dwelling Unit, or on the Premises of its Owner, or on Private Property
without the consent of the Owner of that Private Property.
4.3.3
When not within the Dwelling Unit or on the Premises of its Owner or on
Private Property with the consent of the Owner of that Private Property, all
Dogs and Cats shall be
a) on a Leash;
b) on a Leash of not more than two (2) meters in length;
c) on a Leash held under the Effective Control of a Responsible Person.
4.3.4
Notwithstanding Section 4.3.3, this requirement shall not apply to an Owner
exercising his or her Dog(s), in a Dog Off-Leash Area as set out in Appendix
"3" to Schedule "A".
4.3.5
Notwithstanding Sec. 4.3.1, this requirement shall not apply to an Owner of
Livestock Guardian Dogs and Herding Dogs while such Dogs are being
used in accordance with their defined function, or Dogs that are legally and
actively used in a hunt, on property owned or leased by the Owner.
4.3.6
No Owner shall allow their Dog(s) to enter a Dog Off-Leash Area if the
Dog(s) is not wearing a valid Dog Tag, and/or history of vicious behaviour.
4.3.7
A Cat released outdoors as part of the operation of a program, activity or
event, such as Trap, Spay/Neuter and Return Program, authorized by the
City, would not be considered Running At Large.
4.4 Abandonment
No Person shall leave a Dog, Cat, Animal or Prescribed Bird in or about any City property
without making provision for its continued care.
4.5 Owner not to permit Trespass
No Owner shall allow or permit their Dog or Cat to trespass on Private Property whether
on a Leash or not.
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4.6 Required to Stoop and Scoop
4.6.1
Every Owner of a Dog, Cat, or other Animal shall immediately remove any
excrement left by the Dog, Cat, or other Animal in the City:
a. on a highway or roadway;
b. in a public park;
c. on any public property other than a public park; or
d. on any Private Property other than the property of the Owner of the Dog,
Cat or other Animal or the Person having care, custody or Control of the
Dog, Cat, or other Animal.
4.6.2
Every Owner of a Dog, Cat or other Animal shall remove forthwith from their
Premises excrement left by such Dog, Cat, or other Animal so as not to
disturb the enjoyment, comfort, convenience of any Person in the vicinity of
the Premises.
4.6.3
Notwithstanding Section 4.6.1, this requirement shall not apply to a Service
Animal.
4.7 Owner Not to Permit Noise
4.7.1
No Person or Owner shall permit any Noise made by any Dog, Cat,
Prescribed Bird, or any other Animal kept or used for any purpose, which is
likely to disturb the peace or comfort of any individual in any location beyond
the Lot Line of the property on which such Dog, Cat, Prescribed Bird or
other Animal is located.
4.7.2
For the purpose of Section 4.7.1, persistent barking, howling, clucking, or
other Animal Noise is defined as repeatedly barking, howling, clucking or
otherwise continuously heard for a period of twenty (20) minutes or more,
or intermittently over a period of one hour or more.
4.7.3
Notwithstanding Section 4.7.1 Livestock Guardian Dogs and Herding Dogs
shall be exempt from the foregoing provision while actively engaged in
guarding livestock against predators.
4.8 Animal Prohibited Area
4.8.1
No Person may bring any Dog, Cat or Animal into an Animal Prohibited Area
as listed in Appendix "2" to Schedule "A" of this By-law.
4.8.2
Notwithstanding Section 4.8.1, this requirement shall not apply to a Service
Animal.
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4.9 No Person to Harbor
4.9.1
No Person shall Keep or Harbor any Dog, Cat, Prescribed Bird, or Animal
in a manner that adversely impacts neighboring properties or residents,
whether through offensive odours, Noise likely to disturb inhabitants,
Running At Large of Dog(s), Cat(s) or Animal(s), accumulation of feces or
otherwise.
5. Section 5 - Vicious
5.1 No Owner Shall Permit Attack
5.1.1
No Owner shall permit their Dog, Cat, or Animal to attack or to bite a Person,
Dog, Cat, or Animal.
5.1.2
Where the Animal Care & Control Officer is informed, upon receipt of a valid
complaint, may investigate to determine if the Animal should be found to be
a Vicious Animal.
5.1.3
Where the Animal Care and Control Officer is satisfied that a Dog, Cat or
Animal has attacked or bitten a Person or Animal, or has been threatening
or aggressive towards a Person or Animal without being provoked, and has
further been provided with satisfactory evidence as to the name and
address of the Owner of the Dog, Cat or Animal, the Animal Care & Control
Officer shall serve notice on the Owner of the Dog, Cat or Animal that the
Dog, Cat or Animal is deemed to be a Vicious Dog, Cat or Animal and
requiring the Owner to comply with any or all of the requirements set out in
Sections 5.1.5 and 5.1.6.
5.1.4
Serving of notice that a Dog, Cat or Animal has been deemed a Vicious
Dog, Cat or Animal may be affected on the Person who shows in the City's
records as the Owner of the Dog, Cat or Animal, or where the Dog, Cat or
Animal does not appear to be registered pursuant to this By-law, on such
other Person who appears to be the Owner of the Dog, Cat or Animal.
Serving of notice may be affected by Personal service, by registered mail,
or by posting up in a conspicuous place at the address shown in the records
of the City, as the address for the Owner of the Dog, Cat or Animal, or where
the Dog, Cat or Animal is not registered under this By-law, at such address
as appears to be the address of the Owner of the Dog, Cat or Animal.
Serving of the notice shall be effective upon the date that Personal service
is affected or where served by registered mail or by posting, shall be
deemed effective on the fifth day after mailing or posting as the case may
be.
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5.1.5
Every Owner of a Vicious Dog, Cat or Animal shall at all times when the
Vicious Dog, Cat or Animal is not in the Owner's dwelling unit, but otherwise
within the boundaries of the Owner's Premises, ensure that:
a. the Vicious Dog, Cat or Animals is Muzzled so as to prevent it from
biting a Person or Animal;
b. the Vicious Dog, Cat or Animal is securely leashed on a Leash which
does not allow it to go beyond the Lot Line of the Owner's lands;
c.
the Vicious Dog, Cat or Animal is confined within a secured structure in
a good state of repair so as to prevent escape;
d. a warning sign stating 'beware of Dog' is posted in a conspicuous place
to be visible from the road.
5.1.6 Every Owner of a Vicious Dog, Cat or Animal shall at all times when the
Vicious Dog, Cat or Animal is not within the boundaries of the Owner's
Premises;
a. Keep the Vicious Dog, Cat, or Animal under Effective Control of a
Responsible Person on a Leash held by the Person; and
b. Keep the Vicious Dog, Cat, or Animal Muzzled.
5.1.7
Every Owner of a Vicious Dog, Cat or Animal shall notify Temiskaming
Shores Animal Services within two (2) working days of any change in
Ownership or residence of the Vicious Dog, Cat or Animal provide
Temiskaming Shores Animal Services with the new address and telephone
number of the Owner.
5.1.8
Where the Owner of a Vicious Dog, Cat, or Animal is informed that his Dog,
Cat or Animal has been deemed to be a Vicious Dog, Cat or Animal, the
Owner may, within 14 days of such notice request in writing a hearing by
Council or committee established for that purpose and Council may exempt
the Owner from the muzzling or leashing requirement, or both such
requirements or may modify the conditions for muzzling or leashing.
5.1.9
The notification that a Dog, Cat or Animal is a Vicious Dog, Cat, or Animal
is effective from the date it is served, even if a hearing before Council is
requested by the Owner of the Dog, Cat or Animal affected.
6. Section 6 - Seize and Impound
The retention of Dogs and Cats at the City facility is intended to be short-term and within
the retention periods provided in the By-law, where possible.
Discretionary provisions will apply to situations as they arise that ensure the health and
safety of Persons and Animals involved in the matter.
Impounding of Cats that cannot be clearly identified as owned pets is discouraged and
shall be addressed by other means such as City sanctioned programs.
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6.1 Animal Care & Control Officer may Seize
6.1.1
The Animal Care & Control Officer may seize, any Dog or Cat, found At
Large.
6.1.1.1
The Animal Care & Control Officer or delegate may, in their
discretion, deliver a seized, licensed Dog or Cat to its Owner
without impounding the licensed Dog or Cat, provided:
a) The Animal Care & Control Officer or delegate can make
arrangements with the Owner for the return of the licensed
Dog or Cat without delay and;
b) There is no record of being seized in the prior six (6)
months.
6.1.1.2
A Dog or Cat seized otherwise shall be considered impounded
at the time and place it is seized by the Animal Care and
Control Officer.
6.1.1.3
An Animal Care and Control Officer may enter on any Private
Property, at any reasonable time, without the consent of the
Owner of the property, for the purpose of discharging the
duties imposed by this By-law and to enforce its provisions,
without a search warrant, provided they are in an active pursuit
of a Dog, Cat, or Animal.
6.1.2
In no instance should an Animal Care and Control Officer enter any
Dwelling Unit, or other building situated on Private Property without a
Search Warrant authorizing such entry, or consent of the occupier pursuant
to Section 437 of the Municipal Act, 2001.
6.1.3
Any Dog or Cat seized by an Animal Care and Control Officer under this
By-law may be impounded for a minimum of five business days from the
time of its impoundment, exclusive of the day on which the Dog or Cat was
impounded.
6.1.4
Any Dog, Cat or Animal At Large contrary to the provisions of this By-law
which in the opinion of the Animal Care & Control Officer appears to be
Vicious or rabid and to be a threat to the safety of the community, and
which cannot be captured by the Animal Care & Control Officer, may be
dealt with under the supervision of the Ontario Provincial Police and
consultation with Provincial Animal Welfare agencies and services. The
Owner of the Dog, Cat, or Animal shall not be entitled to damages or
compensation.
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6.1.5
Notwithstanding Section 6.1.3, where a Dog or Cat is seized or impounded,
and a Veterinarian deems it necessary to euthanize the Dog or Cat without
delay for humane reasons or for reasons of safety to Persons or domestic
Animals, the Animal Care and Control Officer may make arrangements,
and may do so without permitting any Person to reclaim the Dog or Cat.
The Owner of the Dog, Cat, or Animal shall not be entitled to damages or
compensation.
6.1.6
Any Person that captures any Dog, Cat, or Animal At Large and
trespassing on his or her property and, upon doing so, shall report capture
of the Dog, Cat or Animal to the Animal Care & Control Officer who may
assist.
6.1.7
All Persons before proceeding to trap Animals At Large are required to give
advance notice to the Animal Care & Control Officer, where possible.
6.1.8
During the impound period referred to in Section 6.1.3, the Owner of the
Dog or Cat, shall be entitled to redeem the Dog, or Cat upon:
a) payment of the impound fees and the board fees in the amount as set
out in the City's current Departmental User Fee and Service Charges
By-law.
b) payment of any Veterinarian fees incurred for the well-being of the
Dog, or Cat.
c) registering the Dog or Cat in accordance with this By-law if there is no
evidence the Dog or Cat is already registered. When registration is
completed as per this requirement, the registration fee is in
accordance with the City's current Departmental User Fee and Service
Charges By-law.
6.1.9
If the Dog or Cat is not redeemed within the time specified in subsection
6.1.3, the Animal Care and Control Officer may retain the Dog or Cat for
such further time as they consider proper and may:
a) Transfer the Dog or Cat to one of the authorized shelters, rescue
group or other organizations registered or in a contracting agreement
with the City.
b) Euthanized if found to be medically or behaviorally unhealthy and
untreatable in alignment with the Asilomar Accords.
6.2 Protective Care
6.2.1
The Animal Care and Control Officer is authorized, upon request of a
Police Officer, Fire Chief, or his or her designate, or Paramedic to impound
a Dog, Cat or Animal for protective care purposes, pursuant to an
incarceration, fire, medical emergency, or for any other situation that the
Animal Care & Control Officer deems appropriate and necessary and to
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Keep such Dog(s) or Cat(s) or Animal(s) for the required period and not to
exceed fifteen (15) business days.
6.2.2
In the event that the Owner of the Dog, Cat, or Animal impounded for
protective care does not claim the Dog, Cat or Animal and pay the impound
fees, board fees, and Veterinarian fees in the amounts as set out in in the
City's current Departmental User Fee and Service Charges By-law., within
fifteen (15) days, then on the sixteenth day, the Dog, Cat, or Animal shall
be deemed to have been impounded as Running At Large in accordance
with Section 6.1, and impound timelines as set out in Section 6.1.3 shall
begin to run.
6.3 Impound Fees
6.3.1
Where a Dog or Cat or Animal is seized, or impounded for protective care,
the Owner, if known, shall be liable for the impound fees, board fees, and
Veterinarian fees in an amount as set out in in the City's current
Departmental User Fee and Service Charges By-law., whether the Dog or
Cat, or Animal is claimed from the Pound or not, and shall pay all fees on
demand by the Animal Care & Control Officer.
6.3.2
Notwithstanding Section 6.3.1, in appropriate humanitarian circumstances,
as determined by the Animal Care & Control Officer, may, in his or her
discretion, in consultation with the City Manager, waive all or part of the
impound fees, board fees, and Veterinarian fees, or provide for delayed or
installment payments of same, in consultation with the Treasurer of the
City.
6.4 Trap Regulations
6.4.1
Any Dog, Cat or Animal seized in accordance with Section 6.1.3 shall be:
a) trapped in a humane manner;
b) not kept in a trap for more than 24 hours;
c) protected from the elements while in a trap.
6.4.2
In no circumstances should a Person use any trap that causes or may
cause injury, pain or suffering to an Animal. Without limiting the generality
of the foregoing, no Person shall set a trap within the Municipality:
a) Which is greater than 32" by 12" by 12" in size;
b) No Person shall use a killer trap, leg-hold trap, body gripping trap or a
snare.
6.4.3
Notwithstanding Sections 6.4.1 and 6.4.2 shall not apply to the trapping of
an Animal, where the Animal is trapped by a Person who is licensed with
the Ministry of Natural Resources and Forestry or is otherwise authorized
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by law to trap the Animal, and the trapping is conducted in accordance with
any applicable legislation.
7. Section 7 - Regulations - Prescribed Birds
The interest in Hens in urban areas provides benefit of the human-bird bond and
production of a food item, primarily eggs. However, many concerns related to public
health and community well-being need to be mitigated with backyard flocks to mitigate
the spread of disease, manage waste, poultry pests, predators, Noise, and odor.
7.1 Household Birds
A Person may Keep in a Dwelling Unit or on a Premises within the City, not more than a
total of six (6) of any combination of: domestic cardinals, finches, budgies, bulbuls,
canaries, tanagers, amazons, cockatoos, onures, macaws, parakeets, cockatiels,
lorikeets, touracos, toucans, orioles, mynahs, magpies, barbets, ascaris, pied hornbills or
cock-of the-rocks, provided same are housed and kept in an escape proof enclosure.
7.2 Hens
7.2.1
No Person shall Keep more than three (3) Hens on a Premises zoned
'residential' within the City, and such Person ensures that:
a) The Hens are confined in either a Hen Coop or Hen Run; and the Hens
are kept in the Hen Coop between 9:00 p.m. and 6:00 a.m.
b) The Owner of the Hens resides on the property where the Hens are
kept.
c) Each Hen is provided with adequate food, water, shelter, light,
ventilation, veterinary care, and opportunities for essential behaviours
such as scratching, dustbathing, and roosting, all sufficient to maintain
the Hen in good health.
7.3 Hen Coop Construction Requirements
7.3.1
Any Hen Coop which is erected, used, or maintained for the housing of
Hens must:
a)
have interior walls which are smoothly finished and painted.
b)
be constructed in such a manner as to prevent the escape of the Hens;
c)
provide each Hen with at least 0.37 m² of Coop floor area;
d)
be equipped with at least one perch of not less than 15 cm in length
and one nest box for each Hen.
7.4 Hen Coop Maintenance Requirements
7.4.1
Every Owner of any building which is erected, used, or maintained as a Hen
Coop for the housing of Hens shall be maintained as follows:
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a)
In a clean condition and free of noxious odours, substances and
vermin;
b)
All refuse and waste matter from the Hen Coop must be disposed of
in a proper and sanitary manner and no such refuse or waste matter
shall be burned or stored.
7.5 Hen Run Requirements
7.5.1
Every Owner of a Hen Run shall ensure that it is:
a) constructed in such a manner as to prevent the escape of the Hens.
b) maintained in a clean condition and kept free of noxious odours,
substances, and vermin.
c) of sufficient size to provide at least 0.92 m² per Hen.
d) provided with a floor of any combination of vegetated or bare earth.
7.6 Compliance with Zoning Requirements
7.6.1
Any Hen Coop or Hen Run which is erected, used, or maintained for the
housing of Hens must not be:
a) located in any front, side or flank yard as described in the Zoning By-
law.
b) located less than 1.2 metres from the Lot Line.
7.7 General Prohibitions
7.7.1
Home slaughter of Hens is prohibited, and any deceased Hens shall be
disposed of at a proper livestock disposal facility.
7.7.2
No Owner shall cause or permit their Hen to become a public nuisance by
persistently clucking. No Owner shall cause or permit his or her Hen to
violate the Noise By-law.
7.7.3
No Owner shall cause or permit their Hen to be At Large.
7.7.4
No Person shall Keep a rooster over the age of 12 weeks.
8. Section 8 - Regulations - Animals other than Dogs, Cast or Prescribed Birds
8.1 General Prohibitions
8.1.1
No person shall Keep any Animal other than a Dog, Cat, Prescribed Bird,
or prescribed Animal within the City.
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8.1.2
Nothing herein shall give any Person any right to Keep Animals where such
is prohibited by the Zoning By-law.
8.1.3
In the event that any setback requirements set out herein are inconsistent
with the requirements set out in the Zoning By-law, the requirements of the
by-law which are more restrictive shall prevail.
8.2 Rabbit - Keeping
Notwithstanding Section 8.1, a Person may Keep not more than six (6) rabbits over
the age of eight (8) weeks in any Dwelling Unit or Premises in the City, provided
such Person ensures:
a) that any rabbit routinely kept outside is kept in a rabbit hutch:
i.
constructed in such a way as to prevent escape by the rabbit;
ii.
not located in any front or flank yard as described in the Zoning By-law; and,
iii.
located at a distance of not less than 1.2 metres from the Lot Line.
b) all refuse and waste matter from any rabbit hutch is disposed of in a proper and
sanitary manner and no such refuse or waste matter is burned or stored.
8.3 Mice, Rats, Guinea Pigs, Hamsters, Gerbils, Ferrets
8.3.1
Notwithstanding Section 8.1, a Person may Keep in a Dwelling Unit or on
the Premises in the City, not more than a total of six (6) of any combination
of mice, rats, guinea pigs, hamsters and gerbils, provided same are housed
and Kept in an escape proof enclosure.
8.3.2
Notwithstanding Section 8.1, a Person may Keep in a Dwelling Unit or on
the Premises in the City, not more than two (2) ferrets, provided the ferrets
are housed and kept in an escape proof enclosure.
8.4 Snakes, Lizards
8.4.1
Notwithstanding Section 8.1, a Person may Keep in a Dwelling Unit or on
the premises in the City, not more than two (2) non-venomous snakes and
two non-venomous lizards provided same are housed and kept in an
escape proof enclosure.
8.4.2
No person shall carry or display a snake on any highway or in any public
place or other place to which the public is customarily admitted except in
accordance with Sec 8.4.3 and 8.6.4.
8.4.3
A snake may be carried or displayed in:
a) an educational institution or research facility where such animals are
housed or studied;
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b) an educational or entertainment display, including a circus or zoo, that
is supervised at all times by a qualified handler;
c) a veterinary hospital or clinic;
d) the premises of a pet store.
8.4.4
Every Person who needs to transport or carry a snake on any highway or in
any public place or other place to which the public is customarily admitted
shall, while it is being carried or transported, confine the snake in a cloth
bag which has been placed inside a box made of durable material with a lid
that has been fastened securely, provided that the animal has sufficient air
to breathe.
8.5 Horses, Domestic Fowl, Cattle, Goats, Swine, Mink, Sheep and Mules
Notwithstanding Section 8.1, a Person may Keep horses, domestic fowl, cattle,
goats, swine, mink, sheep or mules or similar livestock, provided such are kept on a
property appropriately zoned for such purpose by the Zoning By-law.
9 Section 9 - Kennels
9.1 Licensing
The Owner of a Kennel shall pay annually to the City, or its authorized agent, on or
before the 1st day of January in each year, a license fee for his or her Kennel in
accordance with in the City's current Departmental User Fee and Service Charges
By-law., as amended, and shall receive a Kennel License for the current year.
9.2 Kennels Exempt from Tag Requirements
Subject to Section 9.4, where the Owner of a Kennel has complied with subsection
9.1, they are not required to cause each Dog, or Cat kept at their Kennel to be
registered with and licensed by the City.
9.3 Requirement to Register Owner's Pets
Owners of a Kennel shall register their own Dogs, Cats, or Animals in accordance
with Section 3. The registration fee is included in the Kennel License fee. Dog(s) and
Cat(s) registered in this manner shall be required to wear a Tag as prescribed by
Section 4.
9.4 Kennel License
No Person shall operate a Kennel without a Kennel license.
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9.5 Compliance with Zoning Regulations
No license shall be issued to any Kennel pursuant to the provisions of this By-law,
unless the Kennel is in a location or an area in which Kennels are permitted by the
applicable Zoning By-law, and unless the Kennel complies with all the requirements
of that Zoning By-law.
9.6 Number of Animals Kept
No person shall keep more than the allowable number of Dogs or Cats under section
4.2.1 over twelve (12) weeks of age at any one location, unless a Kennel License
has been issued to that Person for that location.
9.7 Construction Requirements
9.7.1
Every Person who operates a Kennel shall comply with the following
requirements:
a) the Kennel shall be in a separate building and shall not be attached to
a building which is or can be used for human habitation.
b) the Kennel building must conform to the Building Code Act and must
be maintained in such a manner as to be free of damage.
c) the Kennel building shall have a floor of concrete or other impermeable
material and shall be equipped with a drain opening constructed as a
plumbing fixture. Alternatively, Dogs may be kept in cages of size
adequate to allow the Dog to extend its legs to their full extent, to stand
or sit, to turn around or lie down in a fully extended position, and the
cages shall be constructed solely of metal or wire or partly of wire and
shall have metal or other impermeable bottoms.
9.7.2
The Kennel building shall have:
a) windows which may be opened for proper ventilation.
b) a heating system sufficient for the health, care and comfort of the
Dogs, Cats, or Animals.
c) Adequate plumbing and potable water.
9.8 Fence Requirements
Where Dogs are permitted to use an outside area, there shall be constructed around such
area a fence having a height of at least 1.52 meters (5 feet); the wall of an adjacent
building may be included as part of such fenced-in area. Such fence shall not be required
where the outside area is more than 61 meters (200 feet) from the nearest limit of the
property.
9.9 Annual Inspection
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9.9.1
Every Kennel shall be subject to an annual inspection by the Animal Care
& Control Officer, or by such other Person or agency as may be designated
by Council, to ensure that the foregoing provisions of Section 9 are being
adhered to in the operation of the Kennel, and a report in writing of each
inspection shall be filed with the City. The fee for the initial inspection is
included in the Kennel License fee set forth in in the City's current
Departmental User Fee and Service Charges By-law.
9.9.2
Where such inspection reveals that the foregoing provisions of Section 9
are not being adhered to by the Kennel Owner, the Animal Care & Control
Officer, or such other Person or agency as may be designated by Council,
may suspend the Owner's Kennel License until the deficiencies found have
been remedied.
9.9.3
An inspection fee shall be payable to the City, or its authorized agent, on
each occasion that a further inspection of the Kennel is necessary to
determine that the Kennel satisfies the provisions of Section 9. Fees for any
further inspections within the year the Kennel License was purchased are
included in the City's current Departmental User Fee and Service Charges
By-law.
9.9.4
An inspection of a Kennel may be carried out more frequently than once
each year when a reasonable complaint or complaints with respect to the
operation of the Kennel have been received by the City.
9.10 Operate While Under Suspension
No Person shall operate a Kennel while their Kennel License is under suspension.
9.11 Authorized Issuer
9.11.1
Kennel licenses may be issued by Temiskaming Shores Animal Services
upon receipt of an approved Kennel inspection report as set out in Appendix
"4" to Schedule "A" of this By-law.
9.11.2
The application shall be submitted by the Animal Care & Control Officer or
other agency or Person as designated by Council for approval by the City
and other agencies within sixty (60) days from receiving a complete
application.
10 Section 10 - Interfere
10.1
No Person shall interfere with, hinder, or harass an agent of the City of
Temiskaming Shores in the performance of any duty of such agent, or seek to
release any Dog, Cat, or Animal in the custody of the City, or its agents, except
as herein provided.
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10.2
No Person shall tamper, remove, or interfere with traps or equipment.
10.3
No Person shall refuse to produce any documents or things required by an agent
in the exercise of a power or performance of a duty under this By-law, and every
Person shall assist any entry, inspection, examination, or inquiry by an agent.
10.4
No Person shall knowingly furnish false information to an agent.
11 Section 11 - Exemptions
11.1
Police Dog Exempt
No part of this By-law shall apply to a Police Dog.
11.2
Hens in Agricultural Zones Exempt
No part of this By-Law shall apply to Owners of Hens kept in an area which is
zoned "Rural" or "Agricultural' pursuant to the Zoning By-law and said Hens are
kept for agricultural uses in accordance with their defined function.
12 Section 12 - Penalties
12.1 General Penalties
Any Person who contravenes, suffers or permits any act or thing to be done in
contravention of, or neglects to do or refrains from doing anything required to be
done pursuant to any provisions of this By-law or any permit or order issued
pursuant thereto, commits an offence and except where specifically set out in
Appendix "1" of Schedule "A" attached to and forming part of this By-law, shall be
liable to a fine of not more than $5,000 pursuant to the Provincial Offences Act,
R.S.O., 1990, c. P. 33. Where an offence is a continuing offence, each day that
the offence is continued shall constitute a separate and distinct offence.
13 Section 13 - Validity
If any section, clause, or provision of this By-law, is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as
a whole or any part thereof, other than the section, clause or provision so declared to be
invalid and it is hereby declared to be the intention that all remaining sections, clauses or
provisions of this By-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof shall have been declared to be
invalid.
City of Temiskaming Shores
Appendix 1 to Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
26
The Corporation of The City of Temiskaming Shores
Appendix "1"
Part 1 Provincial Offences Act Set Fines
By-law No. 2023-122: Animal Care and Control By-law
Item
Column 1
Short form wording
Column 2
Offence creating
provision or Defining
offence
Column 3
Set fine
1
Fail to register Dog or Cat.
Sch. A, Section 3.2.1
$100
2
Failure to Keep Tag securely fixed on Dog or Cat.
Sch. A, Section 4.1.1
$50
3
Attaching a Tag to a Dog or Cat other than the
Dog or Cat for which it was issued.
Sch. A, Section 4.1.4
$100
4
Owner possesses more than the allowable
number of Dogs, Cats, or the allowable combined
total of Cats and Dogs.
Sch. A. Section 4.2.1
$100
5
Allow a Dog or Cat to be At Large.
Sch. A, Section 4.3.1
$150
6
Allow a Dog or Cat to be At Large on Private
Property.
Sch. A, Section 4.3.2
$150
7
Failure to ensure that a Dog or Cat is on a Leash.
Sch. A, Section 4.3.3.(a)
$50
8
Failure to ensure that a dog or cat is on a leash of
not more than 2 meters in length
Sch. A, Section 4.3.3.(b)
$50
9
Failure to ensure that a Dog or Cat is on a Leash
held by a Responsible Person.
Sch. A, Section 4.3.3(c)
$50
10
Allow a Dog in a Dog Off-Leash Area without a
Dog Tag, or history of vicious behaviour
Sch. A, Section 4.3.6
$75
11
Allow a Dog or Cat to trespass.
Sch. A, Section 4.5
$100
12
Failure to remove and dispose of excrement left
by Dog, Cat, or Animal on roadway or highway
Sch. A, Section 4.6.1(a)
$100
13
Failure to remove and dispose of excrement left
by Dog, Cat or Animal in public park
Sch. A. Section 4.6.1(b)
$100
14
Failure to remove and dispose of excrement left
by Dog, Cat or Animal on Public Property.
Sch. A. Section 4.6.1(c)
$100
15
Failure to remove and dispose of excrement left
by Dog, Cat or Animal, Private Property other than
Owner's Premises.
Sch. A. Section 4.6.1(d)
$100
16
Failure to remove and dispose of excrement left
by Dog, Cat or other Animal, Owner's Premises.
Sch. A. Section 4.6.2
$100
17
Allow Dog, Cat, Animal, or Prescribed Bird to
make noise.
Sch. A, Section 4.7.1
$100
18
Bring Dog, Cat Animal into Animal Prohibited
Area.
Sch. A. Section 4.8.1
$100
19
Harbor a nuisance Dog, Cat, or Animal.
Sch. A, Section 4.9.1
$150
20
Allow Dog, or Cat to attack or bite.
Sch. A, Section 5.1.1
$500
21
Fail to muzzle a Vicious Dog, Owners' Premises.
Sch. A, Section 5.1.5.(a)
$250
City of Temiskaming Shores
Appendix 1 to Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
27
22
Fail to ensure that a Vicious Dog is securely
leashed Owners Premises.
Sch. A, Section 5.1.5.(b)
$250
23
Fail to ensure that a Vicious Dog is confined within
a secured structure in a good state of repair.
Sch. A, Section 5.1.5.(c)
$250
24
Fail to post a warning sign in a conspicuous
location.
Sch. A, Section 5.1.5.(d)
$250
25
Fail to ensure that a Vicious Dog is securely
leashed.
Sch. A, Section 5.1.6.(a)
$250
26
Fail to muzzle a Vicious Dog not on Owner's
Premise
Sch. A, Section 5.1.6.(b)
$250
27
Fail to report change of Ownership or location of
a Vicious Dog.
Sch. A, Section 5.1.7
$200
28
Fail to perform trapping in a humane manner.
Sch. A, Section 6.4.1
(a)
$200
29
Set prohibited size trap.
Sch. A, Section 6.4.2 (a)
$50
30
Set prohibited lethal trap.
Sch. A, Section 6.4.2 (b)
$200
31
Owner possesses more than the allowable
number of household birds.
Sch. A, Section 7.1
$100
32
Owner possesses more than the allowable
number of Hens.
Sch. A, Section 7.2.1
$100
33
Owner fails to confine Hens in Coop between
9:00 pm and 6:00 am.
Sch. A, Section 7.2.1 (a)
$100
34
Owner fails to maintain Hen Coop.
Sch. A, Section 7.4.1
$100
35
Owner fails to maintain Hen Run.
Sch. A, Section 7.5.1
$100
36
Allow Hen to make Noise.
Sch. A, Section 7.7.2
$100
37
Allow Hen to be At Large.
Sch. A, Section 7.7.3
$100
38
Person Keep a rooster.
Sch. A, Section 7.7.4
$100
39
Keep Animal other than Dog, Cat, Prescribed
Bird or prescribed Animal
Sch. A, Section 8.1.1
$500
40
Owner possesses more than the allowable
number of rabbits.
Sch. A. Section 8.2
$100
41
Owner possesses more than the allowable
number of non-venomous snakes and/or non-
venomous lizards
Sch. A. Section 8.4.1
$100
42
Display snake in a public place.
Sch. A. Section 8.4.2
$100
43
Operate Kennel while suspended.
Sch. A. Section 9.10
$400
44
Interfere with agent.
Sch. A. Section 10.1
$300
45
Interfere with equipment.
Sch. A. Section 10.2
$200
46
Fail to produce documents to agent.
Sch. A. Section 10.3
$100
47
Furnish false information to agent.
Sch. A. Section 10.4
$100
Note:
The general penalty provision for the offences above is Section 12.1 of By-law
No. 2023-122, a certified copy of which has been filed.
City of Temiskaming Shores
Appendix 2 to Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
28
The Corporation of The City of Temiskaming Shores
Appendix "2" Animal Prohibited Area
Name
Address or Location
1
New Liskeard Public School
141 Dymond Avenue
2
Temiskaming District Secondary
School
90 Niven Street North
3
Ecole Catholique St- Michel
998075 Highway 11 North
4
Ecole Catholique Ste-Croix
304 Rorke Avenue
5
École Secondaire Catholique
Ste-Marie
340 Hessle Street
6
Ecole publique des Navigateurs
39 Hessle Avenue
7
English Catholic Central School
245 Shepherdson Road
8
Haileybury Beach
East of the STATO trail and within the confines of the
breakwall. This includes all sand, grass, structures,
and docks within this boundary.
West of the building, includes all sand, grass, the
wading pool and playground. The wooden deck is
excluded from this ban.
9
New Liskeard Beach
Between the posted signage located adjacent to the
culvert at the southwest end of the Pool Fitness Centre
and the walkway east of the Pool Fitness Centre.
10 Algonquin Memorial Beach Park
Inside the marked playing surface of the soccer fields,
baseball diamonds, skatepark, and horseshoe pits.
11 Rotary Farr Park
Inside the marked playing surface of the soccer fields,
baseball diamonds, and shuffleboard court.
12 Mount Pleasant Cemetery
Morissette Drive and Meridian Avenue
13 Farr Historic Cemetery
Cobalt Street
14 Valleyview Cemetery
177150 Shepherdson Road
15 Pioneer Cemetery
High Street and Whitewood Avenue
16 Haileybury Catholic Cemetery
Meridian Avenue
17 North Cobalt Catholic Cemetery
Groom Drive
18 Moore's Cove Catholic Cemetery Lakeshore Rd South
19 New Liskeard Catholic Cemetery
Dawson Point Road and Peters Road
20 Cobalt Veterans Cemetery
Morissette Drive
21 Silverland Cemetery
Hwy 11B between Haileybury and Cobalt
22 Temiskaming Shores Rotary
Splash Pad
New Liskeard Waterfront next to the Spurline
Building on Fleming Drive
City of Temiskaming Shores
Appendix 3 to Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
29
The Corporation of The City of Temiskaming Shores
Appendix "3" Dog Off-Leash Areas
Name
Address
1.
Laroque's Field
Cobalt Street
2.
Murray Daniels Field
Lakeview Avenue
City of Temiskaming Shores
Appendix 4 to Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
30
The Corporation of The City of Temiskaming Shores
Appendix "4" Kennel License Application
Please complete the following information as
thoroughly as possible such that a proper
evaluation can be conducted. The completed
application and related documentation should be
mailed or returned to the above noted address. Use
additional paper if needed.
For Office use only
File No.:
BA-20_________ - _________
Roll No.:
54 - 18 -
Address:
Name of Applicant:
Mailing Address:
Phone No.:
Email:
PROPERTY DESCRIPTION: Are You the Owner?
Yes
No
Street Address:
Lot Frontage:
Lot Depth:
PROPOSED KENNEL INFORMATION
Please indicate which of the following best describes municipal services required in your operation.
Class 1
Limited services required (i.e., washroom for public use).
Class 2
Services required (i.e., sinks for washing, cleaning, etc.).
Indicate number of employees in relation to the proposed Kennel business:
Number of commercial vehicles:
Describe:
How many off-street parking spaces are available? (10ft x 20 ft/space):
Will you be using signage?
No
Yes
If YES, attach a separate sheet indicating the dimensions, wording, height, in relation to the ground,
and location on the site plan.
Will both sides of the sign be used?
No
Yes
Give a brief description of the proposed Kennel:
Proposed hours of operation (indicate "Closed" if not open on certain days):
City of Temiskaming Shores
Appendix 4 to Schedule "A" to
Animal Care and Control By-law
By-law No. 2023-122
31
Day
Hours
Day
Hours
Monday
Friday
Tuesday
Saturday
Wednesday
Sunday
Thursday
Holidays
The addition of a Kennel under the Building Code is considered a change of use and therefore
requires the issuance of a building permit.
Has the Building Department been consulted on this matter?
No
Yes
CHECKLIST: The Following Documents must accompany this application:
Property Site Plan
showing lot lines, location and dimensions of all structures, parking
spaces, entrances, proposed sign location and fence enclosures.
Interior Floor Plan
indicating dimensions and location of all rooms associated with the
proposed Kennel License, including storage areas, cages or floor drains,
ventilation, heating system, water access.
Declaration of Applicant
I
certify that:
(Print Name)
1.The information contained in this application, the attached schedules, plans, specifications, and
other documentation is true to the best of my knowledge.
2. I have authority to bind the corporation or partnership (if applicable).
Date
Signature of Applicant
Declaration of Owner
I
certify that:
(Print Name)
1. I am the legal Owner of the property described on this application, and
2. I have authority to bind the corporation or partnership (if applicable), and
3.
I hereby authorize
to act as my agent with respect to this
application for a Kennel License.
(Print Name)
Date
Signature of Applicant