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THE CITY OF TIMMINS
BY-LAW No. 2021- 8593
Being a by-law for the licensing, registration, regulation and control of cats and
dogs and for the determination of the compensation to be allowed for impounding,
distraining and detaining of cats and dogs within the City of Timmins
WHEREAS Section 10( 1) of the Municipal Act, S.O. 2001, Chapter M. 25 and amendments thereto
provides that a single-tier municipality may provide any service or thing that the municipality
considers necessary or desirable for the public.
WHEREAS Section 10(2) of the Municipal Act, S.O. 2001, Chapter M. 25 and amendments thereto
provides that a single-tier municipality may pass by-laws respecting the following matters:
9) Animals.
WHEREAS Section 11( 1) of the Municipal Act, S.O. 2001, Chapter M. 25 and amendments thereto
provides a lower-tier municipality and an upper-tier municipality may provide any service or thing that
the municipality considers necessary or desirable for the public, subject to the rules set out in
subsection ( 4)
WHEREAS Section 11( 3) of the Municipal Act, S.O. 2001, Chapter M. 25 and amendments thereto
provides a lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the
rules set out in subsection ( 4), respecting matters within the following spheres of jurisdiction:
9) Animals
WHEREAS Section 103( 1)
of the Municipal Act, S.O. 2001, Chapter M. 25 and amendments
thereto provides that if a municipality passes a by-law regulating or prohibiting with respect to the
being at large or trespassing of animals, it may provide for,
a) the seizure and impounding of animals being at large or trespassing contrary to the by-law;
and
b) the sale of impounded animals,
i)
if they are not claimed within a reasonable time,
ii) if the expenses of the municipality respecting the impounding of the animals are not
paid, or
iii) at such time and in such manner as is provided in the by-law.
WHEREAS Section 105( 1)
of the Municipal Act, S.O. 2001, Chapter M. 25 and amendments
thereto provides that if a municipality requires the muzzling of a dog under any circumstances,
the council of the municipality shall, upon the request of the owner of the dog, hold a hearing to
determine whether or not to exempt the owner in whole or in part from the requirement.
2) An exemption may be granted subject to such conditions as council considers appropriate
WHEREAS Section 128( 1) of the Municipal Act, S.O. 2001, Chapter M. 25 and amendments thereto
provides that without limiting sections 9, 10 and 11, a local municipality may prohibit and regulate
with respect to public nuisances, including matters that, in the opinion of council, are or could become
or cause public nuisances.
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2) The opinion of council under this section, if arrived at in good faith, is not subject to review by
any court.
NOW THEREFORE the Council for the Corporation of the City of Timmins enacts as follows.
PART
I -
DEFINITIONS
1.
For the purposes of this by-law,
Animal" shall have the same meaning as "cat" or" dog" as described in this by- law and shall be
interchangeable and shall have the same meaning whether referred to in the singular or plural
as the case may be within the by-law;
Animal Control Officer" means any person appointed by the Council for the City of Timmins
pursuant to Section 15 of the Police Services Act to enforce the provisions of this By-law;
Appeal Committee" means the Committee of Adjustment as designated by the City of Timmins
for the purpose of this by-law for hearing appeals following the issuance of a Dangerous Dog
Notice;
At large" means to be found in any place other than the premises of the owner of the cat and
not under the control of any person by way of a leash of a maximum length of two ( 2) meters
held by a person, or when a cat is not on a leash which is securely affixed to some permanent
structure from which the cat cannot escape;
cat" means a feline over the age of six weeks of any breed of domesticated cat or crossbreed-
domesticated cat
Certificate" means a certificate, confirmation or other report, in writing, of a veterinary surgeon
evidencing that a particular dog therein identified has been spayed or neutered; it also means a
certificate of insurance from an insurer;
City" means The Corporation of the City of Timmins;
Dangerous Dog" includes any of the following:
f) a dog that, in the absence of any mitigating factor has attacked, bitten, or caused
injury to a person or has demonstrated a propensity, tendency or disposition to do
so,
g) a dog that, in the absence of any mitigating factor, has significantly injured a
domestic animal,
h)
a dog, previously designated as a potentially dangerous dog, that is kept or
permitted to be kept by its Guardian in violation of the requirements of such dog,
i)
a dog that is attack trained, or
j)
means a dog that is kept for the principal purpose of security or protection, whether
residential, commercial or industrial, of persons or property;
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Dog" means a domesticated canine animal, male or female, two months of age and older, but
does not include a guide dog within the meaning of the Blind Persons Act, as amended, or a
Police Work Dog;
Domestic Animal"means an animal that has been tamed and kept by humans as a work animal,
food source, or pet
Owner" includes a person who possesses, harbors or somebody who regularly feeds a cat
or Dog
and
who
is
eighteen
years
of
age
or
over
and " Owns" and " Owner" have
a
corresponding meaning
Dwelling" or " Dwelling Unit" means a premises or any part thereof occupied as living
accommodation and includes the lot used in conjunction with it;
Guardian" means any
person, partnership, association or corporation that owns, keeps,
possesses or harbors a cat or dog or cats or dogs or a combination of both cats and dogs and
own", " owns," or "owned" have a corresponding meaning and where the Guardian is a minor
means the parent, guardian or person having custody of the minor;
Harbor" means having care, custody or control of a dog;
Highway" means a common and public highway, street, avenue, parkway, driveway, square,
place and bridge, designed and intended for use by the general public for the passage of
vehicles and persons;
Leash" means a chain rope or other device used to restrain a dog, affixed to a collar and of not
more than one and one-half metres in length;
Licence" means a licence issued by the Issuer or their designate;
Licence Agent"means an agent as designated by the Licence Issuer authorized to sell licences;
Licence Issuer" means the Manager of By-law Services and includes any person or organization
authorized by the Manager to accept dog registrations and issue dog licences;
Supervisor of By-law Services" means the person designated by the City of Timmins to manage
By- law Services.
Microchip" means an encoded electronic device implanted
in an animal by or under the
supervision of a veterinarian, which contains
a unique code number that provides owner
information that is stored in a central database;
Mitigating Factor" means a circumstance that excuses aggressive behavior of a dog and
without limiting the generality of the foregoing, may include circumstances where:
d) the dog was, at the time of the aggressive behavior, acting in defense to an attack
from a person or a domestic animal,
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e) the dog was, at the time of the aggressive behavior, acting in defense of its young
or reacting to a person or domestic animal trespassing on the property of its
Guardian,
f) the dog was at the time of the aggressive behavior, being teased, provoked or
tormented;
Municipal Law Enforcement Officer" means a municipal by-law enforcement officer appointed
under Section 15 of the Police Services Act by the City of Timmins and shall include any person
appointed as an Animal Control Officer by the City for the purposes of this by-law;
Municipality" means the City of Timmins;
Municipal Pound" means a pound maintained by or on behalf of the City of Timmins;
Municipal Property" means property other than a highway;
Muzzle" means a humane fastening or covering device placed over a dog' s mouth and of
sufficient strength to prevent the dog from biting;
Photograph" means a picture or likeness obtained by film or digital camera for the purpose of
physical identification;
Potentially Dangerous Dog" means a dog that in the absence of any mitigating factors, chases
or approaches any person or domestic animal, anywhere other than on the property of its
Guardian, in a menacing fashion or apparent attitude of attack, including, but not limited to,
behavior such as growling or snarling;
Pound" means a premises that is used for the detention, maintenance or disposal of dogs that
have been impounded pursuant to a by-law of the municipality;
Pound Keeper" means a person or organization responsible for maintaining the pound on
behalf of the Municipality for the purpose of enforcing and carrying out the provisions of this by-
law;
Premises" means lands, buildings or any structures;
User Fee By-law" means the by-law enacted to authorize The City of Timmins to establish
fees/charges for services provided in the City of Timmins as amended.
PART II -- LICENSING
2. ( 1) Every person who has become the Owner or Guardian of a cat or dog two months of age or
older shall obtain a licence for each such cat or dog and pay to the City a licence fee for each
such dog in accordance with the provisions of the City of Timmins User Fee By-law Schedule
I" as amended.
2) A dog used as a guide or for assistance to a disabled person shall be licensed and shall
wear the current licence tag. Any person who produces evidence satisfactory to the municipality
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showing that the dog is required as a guide or for assistance by a disabled person shall be
exempt from paying the licence fee.
3) The Owner or Guardian shall renew the licence for every cat or dog annually with the
municipality.
4) Every licence issued pursuant to this by-law shall expire on the
31st day December in the
year in which the licence was purchased.
3. (
1) Every licence issued pursuant to this by-law shall be in the form of a cat or dog tag.
2) Every licence shall bear a serial number and the year sold.
3) When a cat or dog is off the property of the Owner or Guardian the Owner or Guardian shall
cause the cat or dog to wear around the neck a collar to which shall be attached the current
licence tag issued for that cat or dog by the municipality.
4. (
1) A person claiming entitlement to a lower cat or dog licence fee on the basis that the cat or
dog in question has been spayed or neutered, shall produce a Certificate to the Issuer verifying
such claim.
2) No person shall produce to the Licence Issuer a Certificate respecting a cat or dog other
than the cat or dog for which the Certificate was issued.
5. (
1) The licence fee to be paid to the Licence Issuer at the time of the issuance of the licence
shall be in accordance with the City of Timmins User Fee By- law Schedule " I".
2) The fee charged for the replacement of a current lost tag shall be in accordance with the City
of Timmins User Fee By- law Schedule " I".
3) If there is a change of ownership of a cat or dog during the licence year, the Owner or
Guardian shall notify the Licence Issuer immediately of the change of ownership and the new
Owner or Guardian shall pay a licence transfer fee in accordance with the City of Timmins User
Fee By-law Schedule" I" for this service to the Licence Issuer.
4) Where a person who is the Owner or Guardian of a cat or dog, becomes a resident in the
City of Timmins and is in possession of a valid cat or dog licence issued by another municipality,
an application shall be made to the Licence Issuer for a licence pursuant to this by-law and a
licence shall be issued upon the following conditions:
a) payment of the licence fee in accordance with the City of Timmins User Fee By-law
Schedule " I",
b) surrender of the dog licence issued by the other municipality.
5) The Licence Issuer is hereby authorized to designate such Licence Agents as may be
required from time to time to sell licences, provided however, that a Licence Agent shall be
entitled to a commission of Two Dollars ($ 2.00) for each licence sold.
PART III KEEPING OF CATS AND DOGS
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6. ( 1) No person shall keep more than 6 domestic cats or 4 domestic
dogs on the premises of any single-family dwelling unit.
2) Where there is more than 1 dwelling unit on a parcel of land no person shall keep more than
2 cats or dogs per dwelling unit.
PART IV-- RUNNING AT LARGE
7. ( 1) No Owner or Guardian shall permit any cat or dog to run at large in the City of Timmins.
2) Every owner or guardian shall keep a dog on a leash or under the direct control of a
competent person. For the purpose of this By-law, a cat or dog shall be deemed to be running
at large if found in any place other than the premises of the Owner or Guardian and not on a
leash and/ or under the direct control of a competent person.
8. (
1) Any cat or dog found running at large shall be seized, impounded, sold, redeemed or
humanely euthanized as provided for in this by-law.
2) Any cat or dog found on private property shall, upon request of the Owner or occupant of
such private property, be seized and impounded as provided for in this by-law.
3) The Animal Control Officer or Municipal Law Enforcement Officer may enter any land without
the consent of a Guardian or owner in pursuit of any cat or dog that has been observed running
at large. Where the Guardian or owner of the land is not present to claim the cat or dog, the
Animal Control Officer may seize the cat or dog as a cat or dog found running at large.
4) No persons shall release a cat from a trap set by an Animal Control Officer.
PART V-- MUZZLING, LEASHING AND CONTAINMENT OF DOGS
9. No Owner or Guardian shall permit their dog to bite or attack without provocation a person or
domestic animal.
10. ( 1) Every Owner or Guardian, when their dog is on the property of the Owner or Guardian or on
the property of some person with such person' s consent, shall keep their dog from leaving the
property on its own, by means of:
d) Enclosure,
e) Containment within a fenced area, or
f) Physical restraint of the dog by a chain or other similar device.
2) Nowithstanding section 10( 1) when such dog is on the property of the Owner or Guardian or
on the property of some other person such person' s consent and where such lands are zoned
and used for agricultural purposes, the Owner or Guardian may keep the dog from leaving such
property on its own by any reasonable means.
11. (
1)
When an Animal Control Officer, Municipal Law Enforcement Officer or Police Officer
designates a dog as a Potentially Dangerous Dog, the Animal Control Officer, Municipal Law
Enforcement Officer or Police Officer shall serve a Potentially Dangerous Dog Notice and upon
receipt, the Owner or Guardian shall comply with such of the following requirements deemed
necessary by the Officer:
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a) To keep such dog, when it is on the property of the Owner or Guardian, confined:
v. within the Owner or Guardian' s dwelling, or
vi.
in a securely enclosed pen of sufficient dimension and strength to be a
humane shelter for the dog and to prevent the dog from coming in contact
with or making a real and substantial threat of attack on a person other than
the Owner or Guardian of the dog; and
vii. the pen or structure shall not be within one ( 1) meter of the property line or
within three (3) meters of a neighboring dwelling unit, or
viii. if not confined under subparagraphs ( i), and ( ii) above, to keep such a dog
on a leash and under control of the Guardian;
b) to keep such dog, when it is on the property of another person with that person' s
consent, on a leash and under the control of that person who is eighteen years of age
or more;
c) to securely attach a Muzzle to such a dog at all times when it is not on the property of
the Owner or Guardian or not on the property of another person who is eighteen years
of age or more;
g) to obtain and maintain in force a policy of public liability insurance issued by an insurer
licensed by the Province of Ontario providing third party liability coverage in an amount
of not less than $ 1, 000,000.00 per incident for any damage or injury caused by such
Potentially Dangerous Dog and to provide to the Animal Control Officer a Certificate of
such policy and each subsequent renewal of it. Such policy shall contain a provision
requiring the insurer to immediately notify the Manager of By-law Services should the
policy expire, be cancelled or be terminated for any reason;
e) to permit the Animal
Control
Officer to have a veterinarian
insert a microchip
implantation in such dog, at the Owner or Guardian' s expense, for the purpose of
identifying such dog as a potentially dangerous dog;
h) To restrain the potentially dangerous dog in accordance written directives which may
be given by the Animal Control Officer, Municipal Law Enforcement Officer or a Police
Officer.
i)
Owner or guardian of Potentially Dangerous Dog or Dangerous Dog must comply to
all written directions in the notice within 30 days of issuance of notice.
12. ( 1) If an Animal Control Officer, Municipal Law Enforcement Officer or Police Officer designates
a dog as a Dangerous Dog, the Animal Control Officer, Municipal Law Enforcement Officer or
Police Officer shall serve a Dangerous Dog Notice upon the Owner or Guardian. Every Owner
or Guardian, upon receipt of such notice shall comply with such of the following requirements :
g) to keep such dog confined;
i.
within the Owner or Guardian's dwelling; or
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ii.
in an enclosed pen of sufficient dimension and strength to be a humane
shelter for the dog and to prevent the dog from coming in contact with or
making a real and substantial threat of attack on a person other than the
Owner or Guardian of the dog. Such dog may not be chained as means of
confinement,
iii. the pen or structure shall not be within one ( 1) meter of the property line or
within three (3) meters of a neighboring dwelling unit,
h) to conspicuously display at each entrance to their property a sign in writing, as well as
with a symbol, warning that there is a dangerous dog on the property. This sign shall
be visible from the roadway or thoroughfare;
i)
to securely attach a Muzzle to such a dog at all times when it is not confined in
accordance with section 12( 1)( a);
j) to obtain and maintain in force a policy of public liability insurance issued by an insurer
licensed by the Province of Ontario providing third party liability coverage in an amount
of not less than $ 1, 000,000.00 per incident for any damage or injury caused by such
Dangerous Dog and to provide to the Animal Control Officer or Police Officer a
Certificate of such policy and each subsequent renewal of it. Such policy shall contain
a provision requiring the insurer to immediately notify the Manager of By-law Services
should the policy expire, be cancelled or be terminated for any reason;
k) to
permit the Animal
Control
Officer to
have a veterinarian
insert
a microchip
implantation in such dog, at the Guardian' s expense, for the purpose of identifying such
dog as a Dangerous Dog;
I)
To restrain the Dangerous Dog in accordance with any written directives which may be
given by the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer.
13. ( 1) The notices referred to in Sections 11( 1) and 12( 1) hereof shall include:
a) a statement that the Animal Control Officer, Municipal Law Enforcement Officer or
Police Officer has reason to believe that the dog is a Potentially Dangerous Dog or a
Dangerous Dog, as the case may be;
b) the requirements that the Owner or Guardian must comply with in accordance with
sections 11( 1) or 12( 1)
and when such requirements take effect; and
c) a statement that the Owner or Guardian may request, within three working days of
receipt of the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer's notice, and is entitled to, a hearing by the Appeal Committee that may affirm
or rescind the Animal Control Officer's, Municipal Law Enforcement Officer's or Police
Officer's designation of the dog as a potentially dangerous dog or a dangerous dog, as
the case may be and may substitute its own designation or its own requirements of the
Owner or Guardian of a potentially dangerous dog pursuant to subsection 11( 1)( a)
through (f) or a dangerous dog pursuant to subsection 12( 1)( a) through (f).
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14. ( 1)
If an Owner or Guardian receives notice from the Animal Control Officer, Municipal Law
Enforcement Officer or Police Officer designating their dog to a be a potentially dangerous dog
or a dangerous dog, and so requests in writing to the Clerk within three working days of receipt
of such notice, the Appeal Committee shall hold a hearing pursuant to the provisions of the
Statutory Powers Procedure Act within 30 working days of the Clerk' s receipt of the request for
a hearing and may:
a) affirm or rescind the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer's designation of the dog as a potentially dangerous dog or as a dangerous dog, as
the case may be;
b) substitute its own designation of the dog as a potentially dangerous dog or as a dangerous
dog, as the case may be;
c) substitute its own requirements of the Owner or Guardian of a potentially dangerous dog
pursuant to section 11( 1)( a) through (f);
d) substitute its own requirements of the Owner or Guardian of a dangerous dog pursuant to
section 12. 1( a) through (f).
15. An Animal Control Officer, Municipal Law Enforcement Officer or Police Officer may either on
their own initiative or as a result of a complaint received by them from conduct an inquiry into
whether a dog should be designated a potentially dangerous dog or as a dangerous dog, as the
case may be;
16. The requirements of sections 11( 1)( d) and ( e) and 12( 1)(
d) and (e) that may be imposed on an
Owner or Guardian by the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer pursuant to each subsection shall not be required to be effected until the earlier of the
time for appeal under section 14 has elapsed with a request for a hearing pursuant to that
section being received by the Clerk, or the hearing under section 14 has been duly requested
and a determination has been made by the Appeal Committee.
17. ( 1) Every Owner or Guardian whose dog has been designated a potentially dangerous dog or a
dangerous dog pursuant to this by- law shall advise the Supervisor of Enforcement Services
immediately if they transfer guardianship of such dog to another person or changes the address
at which such dog is kept and shall furnish the Supervisor of Enforcement Services with
particulars of the name and address of the new Owner or Guardian or the new address at which
the potentially dangerous dog or dangerous dog is kept.
2) A Dangerous Dog Notice served upon and being enforced on the Owner or Guardian who
owned the dog at the time of service shall be deemed to have been served and is enforceable
on the new Owner or Guardian of the dog. The new Owner or Guardian shall be required to
comply with the requirements as set out in the Dangerous Dog Notice served upon the original
owner of the dog.
18. Any notices served by the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer or requests for hearings made by an Owner or Guardian pursuant to this by-law shall be
provided by hand delivery or prepaid registered mail and, in event of service by prepaid
registered mail, shall be deemed received on the fifth business day after the date of mailing.
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19. Notwithstanding section 23 where a potentially dangerous dog or a dangerous dog has been
impounded for any reason, the Animal Control Officer or pound keeper shall not restore that dog
to its Owner or Guardian or to any other person unless the Animal Control Officer, Municipal
Law Enforcement Officer or Police Officer is satisfied that the person to whom the dog is to be
restored is aware of and is compliance with the provisions of sections 11(
1) and 12( 1) as the
case may be. All fees otherwise payable to the Animal Control Officer upon restoration of an
impounded dog are payable by the Owner or Guardian of a potentially dangerous dog or
dangerous dog for any length of time it may be held in the pound pursuant to this section.
20. If the Owner or Guardian of a potentially dangerous dog or dangerous dog that has been
impounded is unable to demonstrate compliance with the provisions of sections 11 and 12 as
the case may be to the reasonable satisfaction of the Animal Control Officer or refuses to do
so, the Animal Control Officer after a reasonable period of time, may sell or otherwise dispose
of the dog in accordance with this by- law.
21. The municipality shall have the authority to make whatever inquiry is deemed necessary to
ensure compliance with the provisions outlined in section 11(
1) and 12( 1).
PART VI - IMPOUNDMENT
22. ( 1) An Animal Control Officer, Municipal Law Enforcement Officer, Pound Keeper or Police
Officer shall seize and impound every cat or dog found,
a) running at large contrary to the provisions of this by-law,
b) on private property, where requested to do so by the Owner or occupant of such private
property.
2) The Animal Control Officer and Pound Keeper shall make all reasonable efforts to identify
and contact the owner of every stray cat or dog received.
23. ( 1) Where a cat or dog has been seized or impounded pursuant to the provisions of Section 22,
the Owner or Guardian of the cat or dog may redeem such cat or dog within five ( 5) days
exclusive of Saturdays, Sundays and statutory holidays.
2) After the expiration of the redemption period, the Pound Keeper where a cat or dog has been
impounded pursuant to this by-law may keep, sell or dispose of the cat or dog, subject to the
provisions of the Animals for Research Act, R. S. O. 1990, c. A. 22, as amended. The Pound
Keeper shall ensure that a purchaser living within the City first obtains a licence.
3) Where the Owner or Guardian of the cat or dog has signed a consent and indemnity form
releasing the cat or dog to the City of Timmins the animal becomes the property of the City of
Timmins and the City of Timmins may at its discretion keep, sell or dispose of the animal.
4) Where in the opinion of a Veterinarian or the pound keeper, a cat or dog seized or impounded
is injured or ill and should be destroyed without delay for humane reasons or for reasons of
safety to persons, the animal may be euthanized humanely.
24. Where a cat or dog has been impounded for biting, and the City is required by any Act to
impound a cat or dog for a determined period, the Owner or Guardian prior to release of the cat
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or dog shall pay a maintenance fee for each day the animal was impounded as set out in
accordance with the City of Timmins User Fee By-law Schedule " I".
PART VII FEES
25. ( 1) Where the Owner or Guardian of a cat or dog has requested that the City of Timmins take
possession of the said animal the Owner or Guardian shall be subject to the fees in accordance
with the City of Timmins User Fee By-law Schedule " I".
2) When the Animal Control Officer is requested to pick-up an animal at the Owner's or
Guardian' s residence for the purpose of releasing the animal to the City of Timmins, the charge
for a home the pick-up shall be subject to the fees in accordance with the City of Timmins User
Fee By- law Schedule " I".
3) Where the Owner or Guardian has requested that the City of Timmins take possession of
their animal under Subsection ( 1) the owner shall sign a consent and indemnity form provided
by the Animal Control Officer or Pound Keeper prior to the Animal Control Officer or Pound
Keeper accepting said animal.
4) Where the Owner or Guardian of an animal is not a resident of the City of Timmins and it is
their wish that the City of Timmins take possession of their animal the Owner or Guardian shall
sign a consent and indemnity form provided by the Animal Control Officer or Pound Keeper prior
to the Animal Control Officer or Pound Keeper accepting said animal and the charges shall be
subject to the fees in accordance with the City of Timmins User Fee By-law Schedule " I".
26. ( 1) The Pound Keeper shall not accept any animal being released to the City of Timmins by a
Guardian without first viewing
1 piece of identification confirming the identity of the Guardian
satisfactory to the Pound Keeper.
2) The Pound Keeper shall not accept any animal being released to the City of Timmins by a
Guardian until such time as the prescribed fees have been paid in accordance with Section 25
of this By-law.
27. ( 1) Where a cat or dog is seized and impounded under authority of this by-law, the Owner or
Guardian, if known and whether the cat or dog is claimed from the pound or not, shall be liable
for the pound maintenance fees prescribed and shall pay all fees on demand by the Animal
Control Officer, Municipal Law Enforcement Officer or Pound Keeper or its Agent.
2) The Pound Keeper may release an impounded cat or dog to its owner:
a) if the owner claims possession of the cat or dog within five ( 5) working days after the
date of seizure and impounding; and
b) where on application to the Pound Keeper or an Animal Control Officer and proving their
ownership and being satisfied that the Owner or Guardian is in receipt of a licence for the
current year from the Licence Issuer and upon payment of pound fees as follows:
i) When a cat or dog is wearing a current licence and the animal has not been picked
up since the purchase of the said licence the animal shall be returned to the Owner or
Guardian at no charge.
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ii) When the Owner or Guardian is in possession of a current licence when the animal
is seized or impounded however the animal is not wearing the said licence, at the time
of pick up, the Owner or Guardian shall be subject to a pound fee in accordance with
the City of Timmins User Fee By-law Schedule" I"
iii) When a licensed animal is seized or impounded on a second occasion since the
purchase of the licence and any subsequent occasion during the current year of the
licence and whether the animal is wearing the licence or not, the Owner or Guardian
will be subject to a pound fee in accordance with the City of Timmins User Fee By-law
Schedule" I".
iv) At any time that an unlicensed animal is seized or impounded the Owner or
Guardian of the said animal will be subject to a pound fee in accordance with the City
of Timmins User Fee By-law Schedule" I".
v) In all circumstances list in ( i) to ( iv)the Owner or Guardian shall pay a boarding fee
in accordance with the City of Timmins User Fee By-law Schedule " I",
vi) any veterinary fees incurred for the animal by the City of Timmins, and,
vii) When an animal has been impounded for biting, and the City of Timmins is
required by any Act to impound an animal for a determined period, prior to releasing
the animal to the Owner or Guardian, the Owner or Guardian shall be pay a boarding
fee as in accordance with the City of Timmins User Fee By-law Schedule " I" for each
overnight stay the animal was cared for at the pound.
PART VIII - POOP & SCOOP
28. Every Owner or Guardian not being a blind person or disabled person shall immediately remove
and dispose on any excrement left by their dog.
PART IX -- COMPENSATION
29. The City, its employees, agents and servants and the Animal Control Officer shall not be liable
for damages or compensation for any dog or cat humanely euthanized under the provisions of
this by-law and no such damages or compensation shall be paid to any person.
PART X- PENALTY
30. If any Section, Subsection, Clause or Paragraph of this by-law is, for any reason, held invalid,
such portion shall be deemed separate, distinct and independent and such holding shall not
affect the validity of the by-law as a whole or any part thereof, other than the provisions so
declared to be invalid.
31.
1) Any person who contravenes subsection 31( 2) is guilty of an offence, the Municipal Act S.O.
2001 c. 25, Section 426(2);
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2) Every person who contravenes any provision of this bylaw is guilty of an offence and upon
conviction is liable to a fine as provided for by the Provincial Offences Act R.S. O. 1990 Chapter
P. 33 as amended.
PART XI EXEMPTIONS
32. This by-law shall not apply to:
a) A veterinary hospital clinic, office, or veterinary service lawfully operated and supervised by
a veterinarian licensed to practice in Ontario;
b) Premises registered as a research facility in accordance with the Animals for Research Act,
as amended;
c) Any person licensed or exempted as an operator of animal supply facility in accordance
with the Animals for Research Act, as amended, or the employees of such facility, during
the course of their duties;
d) Any dog owned, possessed or harboured by the Timmins Police Service, Ontario Provincial
Police, Royal Canadian Mounted Police or any other local police or other governmental
enforcement agency.
e) Any registered breeder whom is licensed with a City of Timmins business license in
accordance with the zoning by-law
PART XII GENERAL
33. This by- law may be referred to as the Animal Control By-law.
34. By-law Numbers 2004-6014 and 2005-6220 and amendments thereto are repealed effective
the date that this by- law takes full force and effect.
READ a first and second time this
10th day of August, 2021.
READ a third and final time and enacted and passed this
10th day - Au- us , 2021.
MAYOR (George Pirie)
0
CL" ' (
Steph Palmateer)
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SCHEDULE ' I'
CITY OF TIMMINS
BY-LAW 2020-8488
CLERK' S DEPARTMENT/ BY-LAW ENFORCEMENT
ANIMAL CONTROL FEES
1;SERVICES
2021
2022
2023
2024
2025
License
1St Altered Dog/ Cat
35
35
35
35
35
Each Additional Altered Dog/ Cat
35
35
35 $
35
35
1St Non-Altered Dog/ Cat
60
60
60
60
60
Each Additional Non-Altered Dog/ Cat
60
60
60
60
60
Replacement Tags
20
20
20
20
20
Change of Ownership
20
20
20
20
20
Transfer of License from Another Municipality
20
20
20
20
20
Impound Fees
Licensed Dog Impounded
1St Time
45
45
45
45
45
Any Subsequent Time
125 $
125 $
125 $
125 $
125
Unlicensed Dog Impounded
1St Time
125 $
125 $
125 $
125 $
125
Any Subsequent Time
125 $
125 $
125 $
125 $
125
Daily Maintenance Fee
25
25
25 $
25
25
Licensed Cat Impounded
1St Time
20
20
20
20
20
Any Subsequent Time
65
65
65
65
65
Unlicensed Cat Impounded
1St Time
65
65
65
65
65
Any Subsequent Time
65
65
65 $
65
65
Daily Maintenance Fee
20
20
20
20
20
Euthanasia
Euthanasia at request of owner
70
70
70 $
70
70
Take Possession
Owner request City take possession
60
60
60
60
60
Owner request pick up
60
60
60
60
60
Non Resident owner request take possession
90
90
90
90
90
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THE CITY OF TIMMINS
BY-LAW No. 2021 -8593
Being a by-law for the licensing, registration, regulation and control of cats and
dogs and for the determination of the compensation to be allowed for impounding,
distraining and detaining of cats and dogs within the City of Timmins
WHEREAS Section 10( 1) of the Municipal Act, S. O. 2001, Chapter M. 25 and amendments thereto
provides that a single-tier municipality may provide any service or thing that the municipality
considers necessary or desirable for the public.
WHEREAS Section 10( 2) of the Municipal Act, S. O. 2001, Chapter M. 25 and amendments thereto
provides that a single-tier municipality may pass by-laws respecting the following matters:
9) Animals.
WHEREAS Section 11( 1) of the Municipal Act, S. O. 2001, Chapter M. 25 and amendments thereto
provides a lower-tier municipality and an upper-tier municipality may provide any service or thing that
the municipality considers necessary or desirable for the public, subject to the rules set out in
subsection ( 4)
WHEREAS Section 11( 3) of the Municipal Act, S. O. 2001, Chapter M. 25 and amendments thereto
provides a lower-tier municipality and an upper-tier municipality may pass by- laws, subject to the
rules set out in subsection ( 4), respecting matters within the following spheres of jurisdiction:
9) Animals
WHEREAS Section 103( 1)
of the Municipal Act, S. O. 2001, Chapter M. 25 and amendments
thereto provides that if a municipality passes a by- law regulating or prohibiting with respect to the
being at large or trespassing of animals, it may provide for,
a) the seizure and impounding of animals being at large or trespassing contrary to the by- law;
and
b) the sale of impounded animals,
i)
if they are not claimed within a reasonable time,
ii) if the expenses of the municipality respecting the impounding of the animals are not
paid, or
iii) at such time and in such manner as is provided in the by- law.
WHEREAS Section 105( 1)
of the Municipal Act, S. O. 2001, Chapter M. 25 and amendments
thereto provides that if a municipality requires the muzzling of a dog under any circumstances,
the council of the municipality shall, upon the request of the owner of the dog, hold a hearing to
determine whether or not to exempt the owner in whole or in part from the requirement.
2) An exemption may be granted subject to such conditions as council considers appropriate
WHEREAS Section 128( 1) of the Municipal Act, S. O. 2001, Chapter M. 25 and amendments thereto
provides that without limiting sections 9, 10 and 11, a local municipality may prohibit and regulate
with respect to public nuisances, including matters that, in the opinion of council, are or could become
or cause public nuisances.
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2) The opinion of council under this section, if arrived at in good faith, is not subject to review by
any court.
NOW THEREFORE the Council for the Corporation of the City of Timmins enacts as follows.
PART
I -
DEFINITIONS
1.
For the purposes of this by- law,
Animal" shall have the same meaning as "cat" or" dog" as described in this by-law and shall be
interchangeable and shall have the same meaning whether referred to in the singular or plural
as the case may be within the by-law;
Animal Control Officer" means any person appointed by the Council for the City of Timmins
pursuant to Section 15 of the Police Services Act to enforce the provisions of this By-law;
Appeal Committee" means the Committee of Adjustment as designated by the City of Timmins
for the purpose of this by-law for hearing appeals following the issuance of a Dangerous Dog
Notice;
At large" means to be found in any place other than the premises of the owner of the cat and
not under the control of any person by way of a leash of a maximum length of two ( 2) meters
held by a person, or when a cat is not on a leash which is securely affixed to some permanent
structure from which the cat cannot escape;
cat" means a feline over the age of six weeks of any breed of domesticated cat or crossbreed-
domesticated cat
Certificate" means a certificate, confirmation or other report, in writing, of a veterinary surgeon
evidencing that a particular dog therein identified has been spayed or neutered; it also means a
certificate of insurance from an insurer;
City" means The Corporation of the City of Timmins;
Dangerous Dog" includes any of the following:
a) a dog that, in the absence of any mitigating factor has attacked, bitten, or caused
injury to a person or has demonstrated a propensity, tendency or disposition to do
SO,
b) a dog that, in the absence of any mitigating factor, has significantly injured a
domestic animal,
c) a dog, previously designated as a potentially dangerous dog, that is kept or
permitted to be kept by its Guardian in violation of the requirements of such dog,
d) a dog that is attack trained, or
e) means a dog that is kept for the principal purpose of security or protection, whether
residential, commercial or industrial, of persons or property;
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Dog" means a domesticated canine animal, male or female, two months of age and older, but
does not include a guide dog within the meaning of the Blind Persons Act, as amended, or a
Police Work Dog;
Domestic Animal" means an animal that has been tamed and kept by humans as a work animal,
food source, or pet
Owner" includes a person who possesses, harbors or somebody who regularly feeds a cat
or Dog
and
who
is
eighteen
years
of
age
or
over
and " Owns" and " Owner" have
a
corresponding meaning
Dwelling" or " Dwelling
Unit" means
a
premises or any part thereof occupied as living
accommodation and includes the lot used in conjunction with it;
Guardian" means
any
person, partnership, association or corporation that owns, keeps,
possesses or harbors a cat or dog or cats or dogs or a combination of both cats and dogs and
own", " owns," or "owned" have a corresponding meaning and where the Guardian is a minor
means the parent, guardian or person having custody of the minor;
Harbor" means having care, custody or control of a dog;
Highway" means a common and public highway, street, avenue, parkway, driveway, square,
place and bridge, designed and intended for use by the general public for the passage of
vehicles and persons;
Leash" means a chain rope or other device used to restrain a dog, affixed to a collar and of not
more than one and one- half metres in length;
Licence" means a licence issued by the Issuer or their designate;
Licence Agent" means an agent as designated by the Licence Issuer authorized to sell licences;
Licence Issuer" means the Manager of By-law Services and includes any person or organization
authorized by the Manager to accept dog registrations and issue dog licences;
Supervisor of By-law Services" means the person designated by the City of Timmins to manage
By- law Services.
Microchip" means an encoded electronic device implanted
in an animal by or under the
supervision of a
veterinarian, which contains
a
unique code number that provides owner
information that is stored in a central database;
Mitigating Factor" means a circumstance that excuses aggressive behavior of a dog and
without limiting the generality of the foregoing, may include circumstances where:
a) the dog was, at the time of the aggressive behavior, acting in defense to an attack
from a person or a domestic animal,
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b) the dog was, at the time of the aggressive behavior, acting in defense of its young
or reacting to a person or domestic animal trespassing on the property of its
Guardian,
c) the dog was at the time of the aggressive behavior, being teased, provoked or
tormented;
Municipal Law Enforcement Officer" means a municipal by-law enforcement officer appointed
under Section 15 of the Police Services Act by the City of Timmins and shall include any person
appointed as an Animal Control Officer by the City for the purposes of this by-law;
Municipality" means the City of Timmins;
Municipal Pound" means a pound maintained by or on behalf of the City of Timmins;
Municipal Property" means property other than a highway;
Muzzle" means a humane fastening or covering device placed over a dog' s mouth and of
sufficient strength to prevent the dog from biting;
Photograph" means a picture or likeness obtained by film or digital camera for the purpose of
physical identification;
Potentially Dangerous Dog" means a dog that in the absence of any mitigating factors, chases
or approaches any person or domestic animal, anywhere other than on the property of its
Guardian, in a menacing fashion or apparent attitude of attack, including, but not limited to,
behavior such as growling or snarling;
Pound" means a premises that is used for the detention, maintenance or disposal of dogs that
have been impounded pursuant to a by- law of the municipality;
Pound Keeper" means a person or organization responsible for maintaining the pound on
behalf of the Municipality for the purpose of enforcing and carrying out the provisions of this by-
law;
Premises" means lands, buildings or any structures;
User Fee By-law" means the by-law enacted to authorize The City of Timmins to establish
fees/charges for services provided in the City of Timmins as amended.
PART II -- LICENSING
2. (
1) Every person who has become the Owner or Guardian of a cat or dog two months of age or
older shall obtain a licence for each such cat or dog and pay to the City a licence fee for each
such dog in accordance with the provisions of the City of Timmins User Fee By-law Schedule
I" as amended.
2) A dog used as a guide or for assistance to a disabled person shall be licensed and shall
wear the current licence tag. Any person who produces evidence satisfactory to the municipality
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showing that the dog is required as a guide or for assistance by a disabled person shall be
exempt from paying the licence fee.
3) The Owner or Guardian shall renew the licence for every cat or dog annually with the
municipality.
4) Every licence issued pursuant to this by-law shall expire on the
31st day December in the
year in which the licence was purchased.
3. (
1) Every licence issued pursuant to this by- law shall be in the form of a cat or dog tag.
2) Every licence shall bear a serial number and the year sold.
3) When a cat or dog is off the property of the Owner or Guardian the Owner or Guardian shall
cause the cat or dog to wear around the neck a collar to which shall be attached the current
licence tag issued for that cat or dog by the municipality.
4. ( 1) A person claiming entitlement to a lower cat or dog licence fee on the basis that the cat or
dog in question has been spayed or neutered, shall produce a Certificate to the Issuer verifying
such claim.
2) No person shall produce to the Licence Issuer a Certificate respecting a cat or dog other
than the cat or dog for which the Certificate was issued.
5. (
1) The licence fee to be paid to the Licence Issuer at the time of the issuance of the licence
shall be in accordance with the City of Timmins User Fee By- law Schedule " I".
2) The fee charged for the replacement of a current lost tag shall be in accordance with the City
of Timmins User Fee By- law Schedule " I".
3) If there is a change of ownership of a cat or dog during the licence year, the Owner or
Guardian shall notify the Licence Issuer immediately of the change of ownership and the new
Owner or Guardian shall pay a licence transfer fee in accordance with the City of Timmins User
Fee By-law Schedule " I" for this service to the Licence Issuer.
4) Where a person who is the Owner or Guardian of a cat or dog, becomes a resident in the
City of Timmins and is in possession of a valid cat or dog licence issued by another municipality,
an application shall be made to the Licence Issuer for a licence pursuant to this by-law and a
licence shall be issued upon the following conditions:
a) payment of the licence fee in accordance with the City of Timmins User Fee By-law
Schedule " I",
b) surrender of the dog licence issued by the other municipality.
5) The Licence Issuer is hereby authorized to designate such Licence Agents as may be
required from time to time to sell licences, provided however, that a Licence Agent shall be
entitled to a commission of Two Dollars ($ 2. 00) for each licence sold.
PART III KEEPING OF CATS AND DOGS
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6. (
1) No person shall keep more than 6 domestic cats or 4 domestic dogs on the premises of any
single-family dwelling unit.
2) Where there is more than 1 dwelling unit on a parcel of land no person shall keep more than
2 cats or dogs per dwelling unit.
PART IV-- RUNNING AT LARGE
7. (
1) No Owner or Guardian shall permit any cat or dog to run at large in the City of Timmins.
2) Every owner or guardian shall keep a dog on a leash or under the direct control of a
competent person. For the purpose of this By-law, a cat or dog shall be deemed to be running
at large if found in any place other than the premises of the Owner or Guardian and not on a
leash and/ or under the direct control of a competent person.
8. (
1) Any cat or dog found running at large shall be seized, impounded, sold, redeemed or
humanely euthanized as provided for in this by-law.
2) Any cat or dog found on private property shall, upon request of the Owner or occupant of
such private property, be seized and impounded as provided for in this by-law.
3) The Animal Control Officer or Municipal Law Enforcement Officer may enter any land without
the consent of a Guardian or owner in pursuit of any cat or dog that has been observed running
at large. Where the Guardian or owner of the land is not present to claim the cat or dog, the
Animal Control Officer may seize the cat or dog as a cat or dog found running at large.
4) No persons shall release a cat from a trap set by an Animal Control Officer.
PART V-- MUZZLING, LEASHING AND CONTAINMENT OF DOGS
9. No Owner or Guardian shall permit their dog to bite or attack without provocation a person or
domestic animal.
10. ( 1) Every Owner or Guardian, when their dog is on the property of the Owner or Guardian or on
the property of some person with such person' s consent, shall keep their dog from leaving the
property on its own, by means of:
a) Enclosure,
b) Containment within a fenced area, or
c) Physical restraint of the dog by a chain or other similar device.
2) Nowithstanding section 10( 1) when such dog is on the property of the Owner or Guardian or
on the property of some other person such person' s consent and where such lands are zoned
and used for agricultural purposes, the Owner or Guardian may keep the dog from leaving such
property on its own by any reasonable means.
11. (
1)
When an Animal Control Officer, Municipal Law Enforcement Officer or Police Officer
designates a dog as a Potentially Dangerous Dog, the Animal Control Officer, Municipal Law
Enforcement Officer or Police Officer shall serve a Potentially Dangerous Dog Notice and upon
receipt, the Owner or Guardian shall comply with such of the following requirements deemed
necessary by the Officer:
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a) To keep such dog, when it is on the property of the Owner or Guardian, confined:
i.
within the Owner or Guardian' s dwelling, or
ii.
in a securely enclosed pen of sufficient dimension and strength to be a
humane shelter for the dog and to prevent the dog from coming in contact
with or making a real and substantial threat of attack on a person other than
the Owner or Guardian of the dog; and
iii.
the pen or structure shall not be within one ( 1) meter of the property line or
within three (3) meters of a neighboring dwelling unit, or
iv. if not confined under subparagraphs ( i), and ( ii) above, to keep such a dog
on a leash and under control of the Guardian;
b) to keep such dog, when it is on the property of another person with that person' s
consent, on a leash and under the control of that person who is eighteen years of age
or more;
c) to securely attach a Muzzle to such a dog at all times when it is not on the property of
the Owner or Guardian or not on the property of another person who is eighteen years
of age or more;
d) to obtain and maintain in force a policy of public liability insurance issued by an insurer
licensed by the Province of Ontario providing third party liability coverage in an amount
of not less than $ 1, 000,000.00 per incident for any damage or injury caused by such
Potentially Dangerous Dog and to provide to the Animal Control Officer a Certificate of
such policy and each subsequent renewal of it. Such policy shall contain a provision
requiring the insurer to immediately notify the Manager of By-law Services should the
policy expire, be cancelled or be terminated for any reason;
e) to
permit the Animal
Control
Officer to
have a veterinarian
insert a microchip
implantation in such dog, at the Owner or Guardian' s expense, for the purpose of
identifying such dog as a potentially dangerous dog;
e) To restrain the potentially dangerous dog in accordance written directives which may
be given by the Animal Control Officer, Municipal Law Enforcement Officer or a Police
Officer.
f) Owner or guardian of Potentially Dangerous Dog or Dangerous Dog must comply to
all written directions in the notice within 30 days of issuance of notice.
12. ( 1) If an Animal Control Officer, Municipal Law Enforcement Officer or Police Officer designates
a dog as a Dangerous Dog, the Animal Control Officer, Municipal Law Enforcement Officer or
Police Officer shall serve a Dangerous Dog Notice upon the Owner or Guardian. Every Owner
or Guardian, upon receipt of such notice shall comply with such of the following requirements :
a) to keep such dog confined;
i.
within the Owner or Guardian' s dwelling; or
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ii.
in an enclosed pen of sufficient dimension and strength to be a humane
shelter for the dog and to prevent the dog from coming in contact with or
making a real and substantial threat of attack on a person other than the
Owner or Guardian of the dog. Such dog may not be chained as means of
confinement,
iii. the pen or structure shall not be within one ( 1) meter of the property line or
within three (3) meters of a neighboring dwelling unit,
b) to conspicuously display at each entrance to their property a sign in writing, as well as
with a symbol, warning that there is a dangerous dog on the property. This sign shall
be visible from the roadway or thoroughfare;
c) to securely attach a Muzzle to such a dog at all times when it is not confined in
accordance with section 12( 1)( a);
d) to obtain and maintain in force a policy of public liability insurance issued by an insurer
licensed by the Province of Ontario providing third party liability coverage in an amount
of not less than $ 1, 000,000.00 per incident for any damage or injury caused by such
Dangerous Dog and to provide to the Animal Control Officer or Police Officer a
Certificate of such policy and each subsequent renewal of it. Such policy shall contain
a provision requiring the insurer to immediately notify the Manager of By-law Services
should the policy expire, be cancelled or be terminated for any reason;
e) to permit the Animal
Control Officer to have a veterinarian insert a microchip
implantation in such dog, at the Guardian' s expense, for the purpose of identifying such
dog as a Dangerous Dog;
f) To restrain the Dangerous Dog in accordance with any written directives which may be
given by the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer.
13. ( 1) The notices referred to in Sections 11( 1) and 12( 1) hereof shall include:
a) a statement that the Animal Control Officer, Municipal Law Enforcement Officer or
Police Officer has reason to believe that the dog is a Potentially Dangerous Dog or a
Dangerous Dog, as the case may be;
b) the requirements that the Owner or Guardian must comply with in accordance with
sections 11( 1) or 12( 1) and when such requirements take effect; and
c) a statement that the Owner or Guardian may request, within three working days of
receipt of the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer's notice, and is entitled to, a hearing by the Appeal Committee that may affirm
or rescind the Animal Control Officer's, Municipal Law Enforcement Officer's or Police
Officer's designation of the dog as a potentially dangerous dog or a dangerous dog, as
the case may be and may substitute its own designation or its own requirements of the
Owner or Guardian of a potentially dangerous dog pursuant to subsection 11( 1)( a)
through (f) or a dangerous dog pursuant to subsection 12( 1)( a) through (f).
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14. ( 1)
If an Owner or Guardian receives notice from the Animal Control Officer, Municipal Law
Enforcement Officer or Police Officer designating their dog to a be a potentially dangerous dog
or a dangerous dog, and so requests in writing to the Clerk within three working days of receipt
of such notice, the Appeal Committee shall hold a hearing pursuant to the provisions of the
Statutory Powers Procedure Act within 30 working days of the Clerk' s receipt of the request for
a hearing and may:
a) affirm or rescind the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer's designation of the dog as a potentially dangerous dog or as a dangerous dog, as
the case may be;
b) substitute its own designation of the dog as a potentially dangerous dog or as a dangerous
dog, as the case may be;
c) substitute its own requirements of the Owner or Guardian of a potentially dangerous dog
pursuant to section 11( 1)( a) through ( f);
d) substitute its own requirements of the Owner or Guardian of a dangerous dog pursuant to
section 12. 1( a) through (f).
15. An Animal Control Officer, Municipal Law Enforcement Officer or Police Officer may either on
their own initiative or as a result of a complaint received by them from conduct an inquiry into
whether a dog should be designated a potentially dangerous dog or as a dangerous dog, as the
case may be;
16. The requirements of sections 11(
1)(
d) and ( e) and 12( 1) (
d) and ( e) that may be imposed on an
Owner or Guardian by the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer pursuant to each subsection shall not be required to be effected until the earlier of the
time for appeal under section 14 has elapsed with a request for a hearing pursuant to that
section being received by the Clerk, or the hearing under section 14 has been duly requested
and a determination has been made by the Appeal Committee.
17. ( 1) Every Owner or Guardian whose dog has been designated a potentially dangerous dog or a
dangerous dog pursuant to this by- law shall advise the Supervisor of Enforcement Services
immediately if they transfer guardianship of such dog to another person or changes the address
at which such dog is kept and shall furnish the Supervisor of Enforcement Services with
particulars of the name and address of the new Owner or Guardian or the new address at which
the potentially dangerous dog or dangerous dog is kept.
2) A Dangerous Dog Notice served upon and being enforced on the Owner or Guardian who
owned the dog at the time of service shall be deemed to have been served and is enforceable
on the new Owner or Guardian of the dog. The new Owner or Guardian shall be required to
comply with the requirements as set out in the Dangerous Dog Notice served upon the original
owner of the dog.
18. Any notices served by the Animal Control Officer, Municipal Law Enforcement Officer or Police
Officer or requests for hearings made by an Owner or Guardian pursuant to this by-law shall be
provided by hand delivery
or
prepaid
registered
mail
and, in event of service by prepaid
registered mail, shall be deemed received on the fifth business day after the date of mailing.
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19. Notwithstanding section 23 where a potentially dangerous dog or a dangerous dog has been
impounded for any reason, the Animal Control Officer or pound keeper shall not restore that dog
to its Owner or Guardian or to any other person unless the Animal Control Officer, Municipal
Law Enforcement Officer or Police Officer is satisfied that the person to whom the dog is to be
restored is aware of and is compliance with the provisions of sections 11( 1) and 12( 1) as the
case may be. All fees otherwise payable to the Animal Control Officer upon restoration of an
impounded dog are payable by the Owner or Guardian of a potentially dangerous dog or
dangerous dog for any length of time it may be held in the pound pursuant to this section.
20. If the Owner or Guardian of a potentially dangerous dog or dangerous dog that has been
impounded is unable to demonstrate compliance with the provisions of sections 11 and 12 as
the case may be to the reasonable satisfaction of the Animal Control Officer or refuses to do
so, the Animal Control Officer after a reasonable period of time, may sell or otherwise dispose
of the dog in accordance with this by- law.
21. The municipality shall have the authority to make whatever inquiry is deemed necessary to
ensure compliance with the provisions outlined in section 11( 1) and 12( 1).
PART VI - IMPOUNDMENT
22. ( 1) An Animal Control Officer, Municipal Law Enforcement Officer, Pound Keeper or Police
Officer shall seize and impound every cat or dog found,
a) running at large contrary to the provisions of this by-law,
b) on private property, where requested to do so by the Owner or occupant of such private
property.
2) The Animal Control Officer and Pound Keeper shall make all reasonable efforts to identify
and contact the owner of every stray cat or dog received.
23. ( 1) Where a cat or dog has been seized or impounded pursuant to the provisions of Section 22,
the Owner or Guardian of the cat or dog may redeem such cat or dog within five ( 5) days
exclusive of Saturdays, Sundays and statutory holidays.
2) After the expiration of the redemption period, the Pound Keeper where a cat or dog has been
impounded pursuant to this by-law may keep, sell or dispose of the cat or dog, subject to the
provisions of the Animals for Research Act, R.S. O. 1990, c. A. 22, as amended. The Pound
Keeper shall ensure that a purchaser living within the City first obtains a licence.
3) Where the Owner or Guardian of the cat or dog has signed a consent and indemnity form
releasing the cat or dog to the City of Timmins the animal becomes the property of the City of
Timmins and the City of Timmins may at its discretion keep, sell or dispose of the animal.
4) Where in the opinion of a Veterinarian or the pound keeper, a cat or dog seized or impounded
is injured or ill and should be destroyed without delay for humane reasons or for reasons of
safety to persons, the animal may be euthanized humanely.
24. Where a cat or dog has been impounded for biting, and the City is required by any Act to
impound a cat or dog for a determined period, the Owner or Guardian prior to release of the cat
chasm\ COTData\ By-laws\2021\ 2021- 8593-Regulate register and impound dogs FINAL. DOCX
or dog shall pay a maintenance fee for each day the animal was impounded as set out in
accordance with the City of Timmins User Fee By- law Schedule " I".
PART VII FEES
25. ( 1) Where the Owner or Guardian of a cat or dog has requested that the City of Timmins take
possession of the said animal the Owner or Guardian shall be subject to the fees in accordance
with the City of Timmins User Fee By- law Schedule
2) When the Animal Control Officer is requested to pick- up an animal at the Owner' s or
Guardian' s residence for the purpose of releasing the animal to the City of Timmins, the charge
for a home the pick- up shall be subject to the fees in accordance with the City of Timmins User
Fee By-law Schedule " I".
3) Where the Owner or Guardian has requested that the City of Timmins take possession of
their animal under Subsection ( 1) the owner shall sign a consent and indemnity form provided
by the Animal Control Officer or Pound Keeper prior to the Animal Control Officer or Pound
Keeper accepting said animal.
4) Where the Owner or Guardian of an animal is not a resident of the City of Timmins and it is
their wish that the City of Timmins take possession of their animal the Owner or Guardian shall
sign a consent and indemnity form provided by the Animal Control Officer or Pound Keeper prior
to the Animal Control Officer or Pound Keeper accepting said animal and the charges shall be
subject to the fees in accordance with the City of Timmins User Fee By- law Schedule " I".
26. ( 1) The Pound Keeper shall not accept any animal being released to the City of Timmins by a
Guardian without first viewing
1 piece of identification confirming the identity of the Guardian
satisfactory to the Pound Keeper.
2) The Pound Keeper shall not accept any animal being released to the City of Timmins by a
Guardian until such time as the prescribed fees have been paid in accordance with Section 25
of this By- law.
27. ( 1) Where a cat or dog is seized and impounded under authority of this by-law, the Owner or
Guardian, if known and whether the cat or dog is claimed from the pound or not, shall be liable
for the pound maintenance fees prescribed and shall pay all fees on demand by the Animal
Control Officer, Municipal Law Enforcement Officer or Pound Keeper or its Agent.
2) The Pound Keeper may release an impounded cat or dog to its owner:
a) if the owner claims possession of the cat or dog within five ( 5) working days after the
date of seizure and impounding; and
b) where on application to the Pound Keeper or an Animal Control Officer and proving their
ownership and being satisfied that the Owner or Guardian is in receipt of a licence for the
current year from the Licence Issuer and upon payment of pound fees as follows:
i) When a cat or dog is wearing a current licence and the animal has not been picked
up since the purchase of the said licence the animal shall be returned to the Owner or
Guardian at no charge.
chasm\ COTData\ By-laws\ 2021\ 2021- 8593- Regulate register and impound dogs FINAL. DOCX
ii) When the Owner or Guardian is in possession of a current licence when the animal
is seized or impounded however the animal is not wearing the said licence, at the time
of pick up, the Owner or Guardian shall be subject to a pound fee in accordance with
the City of Timmins User Fee By-law Schedule" I"
iii) When a licensed animal is seized or impounded on a second occasion since the
purchase of the licence and any subsequent occasion during the current year of the
licence and whether the animal is wearing the licence or not, the Owner or Guardian
will be subject to a pound fee in accordance with the City of Timmins User Fee By-law
Schedule " I".
iv) At any time that an unlicensed animal is seized or impounded the Owner or
Guardian of the said animal will be subject to a pound fee in accordance with the City
of Timmins User Fee By-law Schedule " I".
v) In all circumstances list in ( i) to ( iv)the Owner or Guardian shall pay a boarding fee
in accordance with the City of Timmins User Fee By-law Schedule " I",
vi) any veterinary fees incurred for the animal by the City of Timmins, and,
vii) When an animal has been impounded for biting, and the City of Timmins is
required by any Act to impound an animal for a determined period, prior to releasing
the animal to the Owner or Guardian, the Owner or Guardian shall be pay a boarding
fee as in accordance with the City of Timmins User Fee By-law Schedule " I" for each
overnight stay the animal was cared for at the pound.
PART VIII - POOP & SCOOP
28. Every Owner or Guardian not being a blind person or disabled person shall immediately remove
and dispose on any excrement left by their dog.
PART IX -- COMPENSATION
29. The City, its employees, agents and servants and the Animal Control Officer shall not be liable
for damages or compensation for any dog or cat humanely euthanized under the provisions of
this by-law and no such damages or compensation shall be paid to any person.
PART X- PENALTY
30. If any Section, Subsection, Clause or Paragraph of this by-law is, for any reason, held invalid,
such portion shall be deemed separate, distinct and independent and such holding shall not
affect the validity of the by-law as a whole or any part thereof, other than the provisions so
declared to be invalid.
31.
1) Any person who contravenes subsection 31( 2) is guilty of an offence, the Municipal Act S.O.
2001 c. 25, Section 426(2);
chasm\COTData\By-laws\2021\ 2021- 8593- Regulate register and impound dogs FINAL. DOCX
2) Every person who contravenes any provision of this bylaw is guilty of an offence and upon
conviction is liable to a fine as provided for by the Provincial Offences Act R. S. O. 1990 Chapter
P. 33 as amended.
PART XI EXEMPTIONS
32. This by-law shall not apply to:
a) A veterinary hospital clinic, office, or veterinary service lawfully operated and supervised by
a veterinarian licensed to practice in Ontario;
b) Premises registered as a research facility in accordance with the Animals for Research Act,
as amended;
c) Any person licensed or exempted as an operator of animal supply facility in accordance
with the Animals for Research Act, as amended, or the employees of such facility, during
the course of their duties;
d) Any dog owned, possessed or harboured by the Timmins Police Service, Ontario Provincial
Police, Royal Canadian Mounted Police or any other local police or other governmental
enforcement agency.
e) Any registered breeder whom is licensed with a City of Timmins business license in
accordance with the zoning by- law
PART XII GENERAL
33. This by-law may be referred to as the Animal Control By-law.
34. By-law Numbers 2004-6014 and 2005-6220 and amendments thereto are repealed effective
the date that this by-law takes full force and effect.
READ a first and second time this
10th day of August, 2021.
READ a third and final time and enacted and passed this
10th day of August, 2021.
CERTIFIED TRUE COPY
SGD) GEORGE PIRIE
OF BY-LAW NO. 2021- 8593
MAYOR
SGD) STEPH PALMATEER
CLE
K
CLERK
chasm\COTData\ By- laws\2021\ 2021- 8593- Regulate register and impound dogs FINAL. DOCX
SCHEDULE ' I'
CITY OF TIMMINS
BY- LAW 2020- 8488
CLERK' S DEPARTMENT/BY- LAW ENFORCEMENT
ANIMAL CONTROL FEES
SERVICES
2021
2022
2023
2024
2025
License
1st Altered Dog/ Cat
35
35
35 $
35
35
Each Additional Altered Dog/ Cat
35
35
35
35
35
1st Non-Altered Dog/ Cat
60
60
60
60
60
Each Additional Non-Altered Dog/ Cat
60
60
60 $
60
60
Replacement Tags
20
20
20
20
20
Change of Ownership
20
20
20 $
20
20
Transfer of License from Another Municipality
20
20
20 $
20
20
Impound Fees
Licensed Dog Impounded
1st Time
45
45
45 $
45
45
Any Subsequent Time
125 $
125 $
125 $ 125 $
125
Unlicensed Dog Impounded
1st Time
125 $
125 $
125 $ 125 $
125
Any Subsequent Time
125 $
125 $
125 $
125 $
125
Daily Maintenance Fee
25
25
25 $
25
25
Licensed Cat Impounded
1st Time
20
20
20 $
20
20
Any Subsequent Time
65
65
65 $
65
65
Unlicensed Cat Impounded
1st Time
65
65
65 $
65
65
Any Subsequent Time
65
65
65 $
65
65
Daily Maintenance Fee
20
20
20 $
20
20
Euthanasia
Euthanasia at request of owner
70
70
70 $
70
70
Take Possession
Owner request City take possession
60
60
60 $
60
60
Owner request pick up
60
60
60 $
60
60
Non Resident owner request take possession
90
90
90 $
90
90
chasm\COTData\By-laws\2021\ 2021- 8593-Regulate register and impound dogs FINAL.DOCX
Keshia Horbul
From:
Keshia Horbul
Sent:
Wednesday, August 11, 2021 10:26 AM
To:
Sherry Laneville
Subject:
2021 - 8593 -Repeal 2004- 6014 & 2005- 6220 re: Licensing, Registration and Regulation
and Control of Cats and Dogs
Attachments:
2021 - 8593 -Repeal 2004- 6014 & 2005- 6220 re_ Licensing, Registration and R .... pdf
Good day,
Attached please find the above noted by-law that was approved by Council
Thank you.
Keshia Horbul
Clerk Co- ordinator
City of Timmins
Ph: 705- 360- 2600 Ext. 2467
tv -' T I
M 14 S
I
MI
1
Pi.
J' r r ENS.
Vd I" J
DISCLAIMER: THIS MESSAGE MAY CONTAIN INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL AND IS INTENDED TO BE FORTH E USE OF THE INDIVIDUAL ( S) OR
ENTITY NAMED ABOVE. THIS MATERIAL MAY CONTAIN CONFIDENTIAL OR PERSONAL INFORMATION WHICH MAYBE SUBJECT TO THE PROVISIONS OF THE
MUNICIPAL FREEDOM OF INFORMATION & PROTECTION OF PRIVACY ACT. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS E- MAIL, ANY USE, REVIEW,
RETRANSMISSION, DISTRIBUTION, DISSEMINATION, COPYING, PRINTING, OR OTHER USE OF, OR TAKING OF ANY ACTION IN RELIANCE UPON THIS E- MAIL, IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS E- MAIL IN ERROR, PLEASE CONTACT THESE NDER AND DELETE THE ORIGINAL AND ANY COPY OF THIS E- MAIL AND ANY
PRINTOUT THEREOF, IMMEDIATELY. YOURCO- OPERATION IS APPRECIATED.
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
NORTHEAST REGION
159 CEDAR STREET
3'° FLOOR, SUITE 303
SUDBURY, ONTARIO
P3E6AS
September 17, 2021
Ms. Sherry Laneville
Supervisor Enforcement Services
City of Timmins
220 Algonquin Blvd., East
Timmins, Ontario, P4N
1 B3
Dear Ms. Laneville:
Re:
Set
Fines --
Provincial
Offences
Act --
Part
1
City
of
Timmins,
Cochrane
District
Enclosed
herewith
is
a
copy
of
an
Order
and
copy
of
a
schedule
of
set
fines
for
By-
law
No.
2021-
8593,
the
By-
law
indicated
in
the
schedule.
Please
ensure
that
a
copy
of
the
said
documents
is
forwarded
to
the
Provincial
Offences
Office,
which
has
jurisdiction
for
the
City
of
Timmins.
The
setting
of
the
fines
does
not
constitute
my
approval
of
the
short
form
of
wording
used
to
describe
the
Offences.
I have
forwarded
the
copy
of
the
Order
and
the
schedules
of
these
set
fines
to
the
Ontario
Court
of
Justice
in
Timmins,
together
with
a
certified
copy
of
the
By -
Law.
Yours
truly,
KAREN
LISCHE
REGIONAL
SENIOR
JUSTICE
ONTARIO
COURT
OF
JUSTICE
KLL/
h rd
Encs.
c.
c.:.
His
Worship
Gary
McMahon,
Regional
Senior
Justice
of
the
Peace
Her Worship
Nathalie Breton, Justice of the Peace
CABINET DUIIUCE PRINCIPAL REGIONAL
COUR DE JUSTICE DE L' ONTARIO
REGION
DU NORD- EST
159, RUE CEDAR
3' STAGE, BUREAU 303
SUDBURY ( ONTARIO) P3E 6A5
TELEPHONE/ TELEPHONE ( 705) 564- 7624
FAX/ TELECOPIEUR ( 705) 564- 7620
Re:
Set
Fines --
Provincial
Offences
Act --
Part
1
City
of
Timmins,
Cochrane
District
Enclosed
herewith
is
a
copy
of
an
Order
and
copy
of a
schedule
of
set
fines
for
By-
law
No.
2021-
8593,
the
By-
law
indicated
in
the
schedule.
Please
ensure
that
a
copy
of
the
said
documents
is
forwarded
to
the
Provincial
Offences
Office,
which
has
jurisdiction
for
the
City
of
Timmins.
The
setting
of
the
fines
does
not
constitute
my
approval
of
the
short
form
of
wording
used
to
describe
the
Offences.
I
have
forwarded
the
copy
of
the
Order
and
the
schedules
of
these
set
fines
to
the
Ontario
Court
of
Justice
in
Timmins,
together
with
a
certified
copy
of
the
By -
Law.
Yours
truly,
KAREN
LISCHE
REGIONAL
SENIOR
JUSTICE
ONTARIO
COURT
OF
JUSTICE
KLL/ h
rd
Encs.
c.
c.:.
His
Worship
Gary
McMahon,
Regional
Senior
Justice
of
the
Peace
Her
Worship Nathalie Breton, Justice of the Peace
OFFICE OF THE REGIONAL SENIORIUSTICE
ONTARIO COURT OF JUSTICE
NORTHEAST REGION
159 CEDAR STREET
3,` FLOOR, SUITE 303
SUDBURY. ONTARIO
HE 6A5
September 17, 2021
Ms. ® evyani Anandjit
Crown Law Office, Criminal
720 Bay Street, 10th floor
Toronto, Ontario
M5G 2S9
ear Ms. Anandjit:
C 4
w=
s
CABINET DU JUGE PRINCIPAL REGIONAL
COUR DEJUSTICE DE L' ONTARIO
REGION DU NORD- EST
1 59, RUE CEDAR
3° ETACE, BUREAU 303
SUDBURY ( ONTARIO) P3E 6A5
TELEPHONE/ TELEPHONE ( 705) 564- 7624
FAX/ TELECOPIEUR ( 705) 564. 7620
Re: Set Fines - Provincial Offences Act - Part l
Cityof Timmins, Cochrane District
Please find enclosed a copy of an Order dated September 17, 2021, and a copy of a letter
to Ms. Laneville on behalf of the City of Timmins.
Should you have any questions, please do not hesitate to contact me at (705) 564-7624.
Yours truly,
44
KAREN LISCHE
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
KLLIh rd
Enclosures
OFFICE OF THF REGIONAL SENIOR JUSTICE
ONTARIO COURT OFJUSTICL
NORTHFAST REGION
159 CEDAR STREET
3'
FLOOR, SUITE 303
SUDBURY, ONTARIO
ME 6A5
yM
CABINET DU JUGS PRINCIPAL REGIONAL
COU? DE JUSTICE DE L' ONTARIO
REGION DU NORD- EST
i S9, RUE CEDAR
3` ETAGE, BUREAU 303
SUDBURY ( ONTARIO) ME 6A5
TELEPHONE/ TELEPHONE ( 705) 564- 7624
FAX/ TELECOPIEUR ( 705) 554- 7620
PROVINCIAL OFFENCES ACT
Part I
IT iS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for
the Ontario Court of Justice, that the amount set opposite each of the offences in the
schedule of offences under the Provincial Statutes and Regulations thereunder and
Municipal By -Law No. 2021- 8593, of the City of Timmins, Cochrane District, attached
hereto is the set fine for those Offences. This Order is to take effect October 151, 2021.
Dated at the City of Greater Sudbury, this
17th day of September, 2021.
O"
A::! -
KAREN LISCHE
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
DOG & CAT SET FINES
BY-LAW 2021- 5593
THE CORPORATION OF THE CITY OF TIMMINS
Page 1 of 2
PART I Provincial Offences Act
BY-LAW NO. 2021-8593 Being a by-law for licensing, registration, regulation and control of dogs and
cats in the City of Timmins.
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision creating or
Set Fine
defining offence
I
Fail to obtain a dog/cat license
Section 2( 1)
90.00
2
Fail to renew a dog/ cat license
Section 2( 3)
90.00
3
Fail to attach a current dog/ cat license to a
Section 3( 3)
50. 00
dogat
4
Guardian fail to notify License Issuer of change
Section 5( 3)
50. 00
of ownership
5
Keep more than 4 dogs on premises of single
Section 6( 1)
145. 00
family dwelling
6
Keep more than 6 cats on premise of single
Section 6( l)
145. 00
family dwelling
7
Keep more than 2 dogs/ cats in a dwelling unit
Section 6( 2)
145. 00
where there multiple dwelling units on the
parcel of land
8
Permit dog/ cat to run at large
Section 7( 1)
90. 00
9
Guardian fail to have dog/ cat under
Section 7(2)
90.00
leash/control when found off premises
10
Release cat from trap other than animal control
Section 8( 4)
90. 00
officer
I 1
Permit a dog to bite a person or domestic
Section 9
245. 00
animal
12
Permit a dog to attack a person or domestic
Section 9
245. 00
animal
13
Fail to comply to a Dangerous dog notice issued
Section 11( 1)
295. 00
to a guardian of a potentially dangerous dog
14
Fail to comply to a dangerous dog notice issued
Section 12( 1)
395. 00
to a guardian of a dangerous dog
j"_'NGIH7
INS
Page 2 of 2
R'
j
I' F ly
Ovineial j nees Act
BY -LA
L NO. 2021- 8593 Being a
registration, regulation and cojinrot -,q
cats in the City of Tilnmins.
ITEM
COLUMN I
COLUMN 2
COLUMN 3
Short Form Wording
Provision creating or
Set Fine
defining offence
ITEM
5Fail to notify Manager of By-law Services of
Section 17( 1)
195. 00
transfer ofguardianship of a dog designated a
potentially dangerous dog
16
Fail to notify Manager of By-law Services of
Section 17( 1) $
245. 00
transfer of guardianship of a dog designated as
a dangerous dog
17
Fail to remove excrement left by a dog / cat
Section 28 $
150. 00
p.
offences indicated above is section 31 of By-law 2021- 8593, a
cei-a