This is the exact embedded text of the captured official document.
Snapshot 4bb9bae0985f · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION OF THE TOWNSHIP OF TUDOR
AND CASHEL
BY-LAW 14-2003
Schedule 'A'
Dog Licence Fees
FEE
ITEM
1
2
3
4
PURPOSE
5
First Dog
Each Additional Dog
Replacement of Lost Tag
Recording Fees for More Than Three Dogs
$5.00
$3.00
$1 .oo
$2.00
Each Doa
Commercial Kennel Licence
Including ?ag
$25.00
BY -LAW 14-2003
Schedule 'B'
Set Fine Schedule
Part I Provincial Offences Act
COLUMN 1
Short Form Wording
Fail to Licence
No Tag Affixed to Dog
Dog Running At Large or Trespassing
Keeping or Allowing
Prohibited Dog to be Kept
Failure to Secure Restricted Dog
Restricted or Prohibited Dog in
Commercial Ken'@J
Owner Fails to Remove Dog Excrement
From Playground Areas
No Commercial KedEeI Licence
COLUMN 2
Provision Defining
Offence
Section 2
Section 7 (a)
Section 13
Section 15
Section 21
Section 22
Post Signs
Section 11
Set Fine
(includes costs)
The penalty provisions for the offences indicated above is Section 24 of By-Law 14 -2003, a certified
true copy is attached.
The Animal Control Officer is directed to give notice and a warning and on any further occasion the
charge or fine may be issued.
THE CORPORAl'ION OF THE TOWNSHIP OF TUDOR & CASHEL
BYLAW 14-2003
A By-law wl-~ich provides for the licensing of dogs and the regulating of keeping
of dogs in the Township of Tudor & Cashel.
WHEREAS the Municipal Act, 2001, Sections (103) (104) and (105) provides
that by-laws may be passed by the Councils of local municipalities for prohibiting or
regulating the keeping of animals or any class thereof within the municipality.
WHEREAS the Municipal Act, (2001) provides that by-laws may be passed by the
Councils of local municipalities for licensing and regulating and requiring the
registration of dogs and for irr~posing a licence fee on the owners of them and;
WHEREAS the Municipal Act, 2001, Section 103 provides that by-laws may be
passed, by the Councils of local municipalities for prohibiting or regulating the running
at large of dogs in the Municipality, for seizing and impounding and for killing, whether
before or after impounding, dogs running at large contrary to the by-law, and for selling
dogs so impounded at such time and in such manner as is provided by the bylaw and;
WHEREAS in the interests of public safety and order, the Council of the Corporation of
the Township of Tudor & Cashel deems it necessary and expedient to regulate and
licence dogs in the municipality and prohibit certain types or classes thereof;
NOW THEREFORE the Council of the Corporation of the Township of Tudor & Cashel
HEREBY ENACTS AS FOLLOWS:
1. Definitions.
a)
"Dog" means a male or female dog.
b)
"Enclosed pen" means a containment pen constructed with a secure
top and sides and either a sea-ire bottom effectively attached to the
sides or sides embedded in the ground to a minimum depth of 30
centimeters (1 foot), or as otherwise approved by the Animal Control
Officer. The pen shall provide humane shelter for the restricted dog while
preventing it from escaping there from and preventing entry therein of
unsupervised children.
C)
"His" or other word(s) imparting the singular number or the masculine
gender only shall include more persons, parties or things of the same
kind than one, and females as well as males and vice versa;
d)
"Commercial Kennel" means an establishment for the breeding and/or
boarding of over six dogs where purebred dogs are kept, bred or raised
and registered with an association incorporated under the Animal
Pedigree Act (Canada) for profit or gain, or, a place or confined area
where dogs are kept bred or raised for profit or gain but are not
recognized as purebred with an association.
e).
"Mitigating factor" means a circumstance which excuses aggressive
behavior of a dog and, without limiting the generality of the foregoing
may include circumstances where the dog was, at the tinie of $the
aggressive behavior:
i ) acting in defense to an attack by a person or domestic animal;
(ii) acting in defense of its young or to a person .or domestic animal
trespassing the property of its owner; or
(iii) being teased, provoked, or tormented.
THE CORPORATION OF -THE TOWNSHIP OF TUDOR & CASHEL
BYLAW 14-2003
f)
"Municipality" means the Corporation of the Township of Tudor &
Cashel or the Township of Tudor & Cashel;
9)
"Animal Control Officer" means the Animal Control Officer for the
corporation of the Township of Tudor & Cashel or, that person appointed
to act in his capacity as a Provincial Offences Officer.
h)
"Muzzle" means a humane fastening or covering device of adequate
strength placed over a dog's mouth to prevent it from biting as approved
by the Animal Control Officer;
i)
"Owner of a dog" includes any person who owns, possesses, harbors,
or has the care and control of a dog and "owns" and "owned" have a
corresponding meaning;
j)
"Person" includes any physical or corporate entity, partnersliip or any.
association and the heirs, executors, administrators, successors and
assigns or other legal representative thereof to whom the context may
apply;
k)
"Potentially dangerous dog" means a dog that,
--- \
(i)
in the absence of any mitigating factor, chases or approaches any
person or domestic arrimal, anywhere other than on the property of its
owner, in a menacing fashion or apparent attitude of attack, including,
but not limited to, behavior such as growling or snarling; or
(ii
a dog that in the absence of any rrritigating factor, has attacked,
bitten, or caused injury to a person or has demonstrated a
propensity, tendency or disposition to do so; or:
(iii a dog that has been impounded by the Animal Control Officer or for
whom the owner has been convicted on a total of three occasions
with a twenty-four (24) month period for such dog running at large in
the municipality.
m)
"Pit Bull dog" means a dog of any age which can be identified as a dog
of one or more of the following breeds or mixed breeds by the Animal
Control Officer
(i
Pit Bull Terrier
(ii American Pit Bull Terrier
(iii
PitBull
(iv Staffordshire Bull Terrier
n)
"Pound" means the designated Animal ShelterIPound.
0)
"Prohibited dog" means:
II
(i
a Pit Bull dog that is not a restricted dog; or,
(ii
a Pit BIJII dog, previously designated as a restricted dog that is kept
or permitted to be kept by its owner in violation of the requirements
for such dog.
P)
"Restricted dog" means:
(i
a dog that is a Pit Bull dog and
(ii
a dog already owned and living within the Municipality prior to the
passing of this Bylaw and has no previous history as a potentially
THE CORPORATION OF THE TOWNSHIP OF TUDOR & CASHEL
BYLAW 14-2003
4)
"Running at large" means a dog found in any place other than the
premises of the owner of the dog and not under the control of any
person;
Subject to Section 9. of this By-law every owner of a dog shall annually, not
later than a date appointed by the clerk, in each year within seven (7) days of
becoming an owner of a dog, cause the dog to be licensed with the
municipality.
Upon application for a licence, the owner of a dog may be required to produce a
certificate signed by a practicing veterinarian, that the dog has been inoculated
with an anti-rabies vaccine within the period of twenty-four (24) months
immediately prior to the date of application for a licence.
All licences and tags pursuant to this By-law shall be serially numbered and a
record of the issue shall be kept by the Animal Control Officer. Such record
shall set out the name and address of the owner, the name of the dog and color
and markings of the dog.
At the time of registration, the ownerlapplicant shall be required to pay to the
Municipality the required licence fee pursuant to Schedule " A to this By-law.
On payment of the licence fee for a dog, the owner shall be furnished with a
dog tag from the municipality or the Animal Control Officer which shall bear the
serial number relating to the application, the name and address of the owner
and the year in which the tag is valid.
The owner of a dog shall:
a)
keep the dog tag securely affixed on the dog for which it was issued at
all times until renewed or replaced but the tag may be removed while the
dog is being lawfully used for hunting in the bush.
b)
not use the tag upon a dog other than the one for which it was issued.
The fee charged for the replacement of lost dog tags shall be as set out in
Schedule " A to this By-law.
The owner of a commercial kennel of dogs shall pay to the municipality the fee
set out in By-Law 14-2003 and is not liable to pay any further licence fee other
than a fee to record and the cost of the tags under this By-law.
Every licence for a dog issued hereunder is personal to the owner thereof and
may not be assigned or transferred.
No person shall keep or allow to be kept on a single property in the J
municipality, more than six dogs unless a Commercial Kennel Permit has been
issued as required in the provisions of BYLAW 14-2003.
Dogs are prohibited from running at large in the municipality and no owner of a
dog shall allow the dog to run at large and no owner shall permit or allow a dog
to trespass on any private property.
a)
Any dog found to be running at large may be seized and impounded by
the Animal Control Officer or any person acting under his authority.
b)
The Animal Control Officer or any person acting under his authority may
destroy any dog he finds running at large if:
THE CORPORATION OF THE TOWNSHIP OF TUDOR & CASHEL
BYLAW 14-2003
(i
he reasonably believes the dog is likely to cause imminent harm to any
person or animal;
(ii
the dog is classified as a prohibited dog as described in this By-law;
(iii
the dog is injured or should be destroyed without delay for humane
reasons;
and no damages or compensation shall be recovered on account of such disposition.
15.
No person shall keep or allow to be kept, a prohibited dog, on a property in the
municipality .
16.
a)
The Animal Control Officer may designate a dog as a prohibited dog,
potentially dangerous dog, or a restricted dog.
b)
The Animal Control Officer, upon finding a restricted dog that is not
being kept in accordance with the provisions of Section 21. of this By-
law, shall forthwith declare ,the dog to be a Prohibited dog and seize
and dispose of such dog. Section 17 of this By-law shall not apply in this
situation.
17.
a)
Where the Animal Control Officer designates a dog as a prohibited dog
or a potentially dangerous dog other than as set out in Section 16. b),
the Animal Control Officer shall serve notice upon the owner of such
dog. If the Animal Control Officer has not seized and impounded the
prohibited dog or potentially dangerous dog, the notice shall require the
owner, upon receipt of such notice, to deliver the dog, subject of such
notice. within 6 (six) working days to the Pound.
b)
(i
The notice referred to in 17. a) shall include a statement from the
Animal Control Officer that he has reason to believe that the dog is
a potentially dangerous dog or a prohibited dog, as the case may
be; and,
(ii
the notice shall also include a statement from the Animal Control
Officer that the dog will be disposed of in a humane manner; and,
(iii
the notice will indicate to the owner of the dog ,that he has a right to
challenge the said designation of the dog by in making a request in
writing to the Clerk of the Corporation of the Township of Tudor &
Cashel, within five (5) working days of receipt of the notice of the Animal
Control Officer, and is entitled to, a hearing by the Council of the
Corporation of the Township of Tudor & Cashel which may affirm or
rescind the Animal Control Officer's designation based on the definition
provided herein this By-Law and the evidence provided by the Animal
Control Officer; and,
(iv
the notice shall be delivered by hand or prepaid registered mail to the
said Clerk; in the event of service by prepaid registered mail, the notice
shall be deemed received on the fifth working day after the date of
mailing.
18.
Where the owner of a dog who receives a notice from the Animal Control
Officer designating such dog as a potentially dangerous dog or a prohibited
dog, requests a hearing under Section 17.
b)
Council shall hold a hearing to affirm or rescind the Aninial Control
Officer's designation of the dog within thirty (30) working days of receipt
of the request.
THE CORPORATION OF THE TOWNSHIP OF TUDOR & CASHEL
BYLAW 14-2003
19.
Any dog seized pursuant to Sections 14. or 17. shall be taken to the pound or
shelter operated by the Animal Control Officer for the Corporation of the
Township of Tudor & Cashel or other po~.~nd
as defined in this By-law.
20
a)
Where a dog is impounded, the owner, if known, and whether the dog
is claimed from the pound or not, shall be liable for a pound fee
prescribed and, shall pay such fee on demand made by the Animal
Control Officer.
b)
Where a dog has been impounded for three consecutive days (exclusive
of Statutory Holidays and Sundays), excluding dogs impounded under
Section 17. of this By-law; and possession has not been restored to the
owner, the Animal Control Officer may destroy the dog in a humane
manner or otherwise dispose of the dog as helshe sees fit, and no
damages or compensation shall be recovered from the Animal Control
Officer or the municipality on account of its death or other disposition.
21.
The owner of a restricted dog as defined by this By-law shall, at all times,
ensure that such dog, when it is not in the owner's dwelling but, otherwise within
the boundaries of the owner's lands, be secured in one of the following
manners so as to prevent the dog ,from escapil~g from the owner's lands and to
prevent the dog from causing injury to any person or animal entering onto the
owner's lands:
a)
the dog shall be kept in an enclosed pen as defined in this By-law; or
b)
the dog shall be muzzled so as to prevent it from biting a person or
animal and securely leashed to the owner of the dog by nieans of a
leash or chain, not more than 2.4 meters (8 feet) in length.
22.
No person shall operate a commercial kennel containing a restricted dog or a
prohibited dog as defined by this By-law.
23.
Every owner of a dog shall remove forthwith and dispose of any excrement left
by his dog on any property in the municipality other than his own property.
24.
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act. This By-Law is also subject to By-Law 12-91 or subsequent land
use Bylaws with respect to commercial kennels.
25.
This By-law comes into force and takes effect upon the date of repeal of By-law
7-87.
READ a first and second time this 7th day of October, 2003.
READ a third time and finally passed, signed, sealed and numbered 14-2003 this 7th
day of October, 2003.
Deputy Reeve
1,
hereby certify this to be a true copy of
By-law 14-2003 passed in open Council on October 7th, 2003.
Signature
Date
5