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THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE
BY-LAW NUMBER 2009-082
BEING A BY-LAW TO LICENCE, REGULATE AND
GOVERN KENNELS IN THE TOWNSHIP OF UXBRIDGE
WHEREAS the Council of the Corporation of the Township of Uxbridge deems it
necessary and desirable to licence kennels in the Township to promote the health and
safety of persons, provide nuisance control and ensure consumer protection;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
UXBRIDGE Enacts As Follows:
Section 1 - Definitions and Interpretation
1.1
"Animal" shall mean any member of the animal kingdom, except humans and,
without limiting the generality of the foregoing, includes mammals, dogs, cats,
birds and reptiles.
1.2
"Animal Services Committee" shall mean the Animal Services Committee
appointed by Council.
1.3
"Animal Shelter'' shall mean the Uxbridge Scugog Animal Control Centre and
shall include any yard or enclosure maintained by the Municipality for the safe-
keeping of impounded Animals.
1.4
"Animal Control Officer'' shall mean any person employed or appointed by the
Township to administer and enforce this By-law, and shall include a Municipal
Law Enforcement Officer.
1.5
"Applicant"
shall mean any person that has a Licence under this By-law, any
person that applies to the Township for a Licence or renewal of a Licence under
this By-law and any person whose Licence under this By-law is being considered
for revocation or suspension.
1.6
"Boarding" shall mean the keeping of any Dog for any period of time, whether or
not for financial gain or as part of a commercial operation, to a maximum of forty
(40) dogs.
1.7
"Boarding Kennel" shall mean a Kennel where a maximum of forty (40) dogs are
Boarded and shall include a Doggy Day Care and Doggy Spa.
1.8
"Breeding Kennel" shall mean a Kennel for the generating of offspring resulting in
a strain of related dogs similar in type and use to a maximum of forty (40) dogs
including offspring.
1.9
"Clerk" shall mean the Clerk of the Township or his or her designate.
1.10 "Dog" shall mean a dog of any breed that is not less than twelve (12) weeks old.
1.11
"Hearing" shall mean a hearing before the Animal Services Committee under this
By-law.
1.12
"Hunting Dog" shall mean a Dog that:
1.12.1
has a valid registration in the Canadian Kennel Club as a hunting
dog; or
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1.12.2
1.12.3
1.12.4
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has a valid registration in an association for the purpose of hunting
dog training or trailing; and
has a valid hunting dog licence from the Ministry of Natural
Resources (Ontario) that has been issued not more than twelve
(12) months prior; or
such other proof of hunting activities within the previous or
subsequent twelve (12) month period as may be acceptable to the
Animal Control Officer; and
Has been so designated by an Animal Control Officer upon proof thereof to the
satisfaction of the Animal Control Officer.
1.13 "Kennel" shall mean a place where more than three (3) dogs are housed,
groomed, boarded, bred, trained, sold or kept, and for greater certainty includes
a Private Kennel, a Boarding Kennel and a Breeding Kennel, but does not
include a Pet Shop, Veterinary Clinic, Animal Shelter or any facility in which Dogs
are placed for care pursuant to the Pounds Act.
1.14 "Licence" shall mean a Licence issued by the Township pursuant to this By-law.
1.15 "Operator'' shall mean a person with apparent care and control of a Kennel at any
given point in time.
1.16
"Owner'' shall mean a person who owns, possesses or harbours a Dog and
where the owner is a minor, includes the person responsible for the custody of
the Dog.
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1.17 "Pet Shop" shall mean the carrying on at a premises of any nature (including a
private dwelling) of a business of selling animals as pets, and as including
references to the keeping of animals in any such premises as aforesaid with a
view to their being sold in the course of such a business, whether by the keeper
thereof or by any other person.
1.18 "Private Kennel" shall mean a Kennel of not more than eight (8) Dogs, all owned
by the Applicant, where Hunting Dogs and/or Sled Dogs do not count towards the
maximum number of Dogs permitted.
1 .19
"Property Owner'' shall mean the registered legal owner of the land on which the
Kennel is located or proposed Kennel may be located.
1.20
"Sled Dog" shall mean a Dog that has been registered in a dog sled or similar
race within the previous or subsequent twelve (12) months or that has been so
designated by an Animal Control Officer upon proof thereof to the satisfaction of
the Animal Control Officer.
1.21
"Township" shall mean the Corporation of the Township of Uxbridge.
1.22 "Veterinary Clinic" shall mean a building or part of a building in which facilities are
provided for the prevention, cure and alleviation of disease and injury to animals
and in conjunction with which there may be facilities provided for the sheltering of
animals during the treatment period.
Section 2 - Prohibition
2.1
No person shall own or operate a Kennel of any kind in the Township except in
accordance with this By-law.
2.2
No person shall own or operate a Kennel in the Township unless the Kennel is a
Breeding Kennel, a Boarding Kennel or a Private Kennel and a valid Licence is in
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effect for such Breeding Kennel, Boarding Kennel or Private Kennel as the case
may be.
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2.3
No person shall breed, or permit to be bred, Dogs in the Township except in
accordance with this By-law.
2.4
No person shall own or operate a Boarding Kennel in the Township without a
valid Boarding Kennel Licence.
2.5
No person shall own or operate a Breeding Kennel in the Township without a
valid Breeding Kennel Licence.
2.6
No person shall own or operate a Private Kennel in the Township without a
Private Kennel Licence.
Section 3 - Licence
3.1
Only the Property Owner may apply for and be issued a Licence.
3.2
A Licence is not transferable, and without limiting the generality of the foregoing,
a Licence does not transfer to any new Property Owner.
3.3
Every Property Owner that applies for a Licence shall do so to the Clerk with the
required fee as set out in Schedule "A" and in writing on the form designated for
doing so by the Township from time to time.
3.4 · All Licences expire on December 31st of the year they were issued, regardless of
when the Licence was issued.
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3.5
Notwithstanding Section 3.4 hereof, the Clerk may suspend or revoke a Licence
at any time pursuant to Section 4 hereof.
3'.6
In addition to completion of the written form to the satisfaction of the Clerk, no
person shall be issued a Kennel Licence unless:
3.6.1
the Applicant has demonstrated to the satisfaction of the Township that
the Kennel or proposed Kennel complies with the Township's Zoning By-
. law, in effect at the time of an Application, from time to time;
3.6.2
the Applicant has submitted a site location drawing that:
3.6.2.1
3.6.2.2
3.6.2.3
3.6.2.4
is drawn to scale;
shows the location of all buildings and structures on the
subject property, including all buildings and structures
intended to be used for and in connection with the Kennel or
proposed Kennel;
shows the location of any proposed buildings for or in
connection with the Kennel or proposed Kennel;
specifies the distance from which any existing or proposed
structures are from property lines and from all buildings and
structures on adjacent properties; and
is otherwise to the satisfaction of the Clerk.
3.7
The Clerk shall refuse to issue any Licence that does not meet the requirements
of the By-law.
3.8
The Clerk may impose such conditions and/or special conditions as he or she
considers appropriate and desirable for the safety, health or well-being of
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persons, to prevent, in the opinion of the Clerk, a contravention of By-law No. 96-
089, being a By-law for the Prohibition and Abatement of Certain Public
Nuisances within the Municipality (as may be amended from time to time), and/or
as may be necessary for the purposes of consumer protection, as a requirement
for obtaining, continuing to hold or renewing a Licence, and may impose such
conditions and/or special conditions to any one Kennel, some Kennels or all
Kennels, on a Kennel-by-Kennel basis, and the Clerk may impose such
conditions and/or special conditions at any time, including during the term of a
Licence.
3.9
In the event that the Clerk refuses to issue a Licence or imposes conditions on
the holding of a Licence, the Clerk shall give notice in writing to the Applicant by
registered mail or personal delivery.
3.10
The Applicant may apply to the Clerk, in writing, within twenty (20) days from the
date of the notice issued under Section 3.9 hereof for a Hearing before the
Animal Services Committee.
3.11
Upon receipt of an application for a hearing pursuant to Section 3.10 hereof, the
Clerk shall arrange for a Hearing with respect to the Clerk's refusal to issue a
Licence or the Clerk's imposition of conditions on the holding of a Licence.
3.12
Notice of a Hearing shall be given to the Applicant in writing by registered mail or
personal delivery not less than seven (7) days prior to the date set for the
Hearing.
3.13
At the Hearing, the Animal Services Committee shall review the application for a
Licence together with the Clerk's reasons for refusal or reasoris for imposing
conditions and shall hear the Applicant's, or the Applicant's agent's, verbal or
written submissions as to how the Application fulfills the requirements of this By-
law.
3.14
The Animal Services Committee shall render a final decision on the Hearing
within a reasonable time, and the Animal Services Committee has all the powers
of the Clerk under this By-law to issue a Licence, refuse a Licence or impose
conditions on the holding of a Licence.
3.15
The Animal Services Committee shall issue its decision in writing by registered
mail or personal delivery not more than ten (1 0) days after it has reached its
decision.
3.16
Upon the issuance of a Private Kennel Licence, a Breeding Kennel Licence or a
Boarding Kennel Licence the Property Owner shall be exempt from the purchase
of licences under the prevailing Animal Control By-law for those Dogs in the
Private Kennel, Breeding Kennel or the Boarding Kennel as the case may be.
3.17
Notwithstanding the provisions of this By-law, no Licence is required for:
3.17.1 Animal Shelters;
3.17.2 Veterinary Clinics;
3.17 .3 Pet Shops
3.17.4 a publicly funded educational institute; or
3.17.5 any facility in which Dogs are placed for care pursuant to the Pounds
Act.
3.18 Where the Owner of a Private Kennel wishes to use dog tags supplied by the
Township to identify Dogs housed in a Private Kennel, the Owner may receive
such tags from the Township at no charge.
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3.19
Every Owner and Operator shall ensure that the Kennel's Licence is posted in a
conspicuous place in the Kennel.
Section 4 - Revocation and Suspension
4.1
The Clerk may revoke or suspend for any period of time a Licence if:
4.1.1.
the Owner or Operator of the Kennel has been charged and/or convicted
and/or has plead guilty of contravening the Township's Nuisance By-law
arising from or in connection with the Kennel;
4.1.2
the Owner or Operator of the Kennel has been charged and/or convicted
and/or has plead guilty to the contravening of the Township's Noise By-
law arising from or in connection with the Kennel;
4.1.3
at any time any of the following standards are not met:
4.1.3.1
4.1.3.2
4.1.3.4
4.1.3.5
4.1.3.6
Dogs must be housed in individual enclosures unless the
Dog's owner expresses a specific wish for their pets to be
housed together and it would not be deemed inhumane to do
so.
Dogs must be housed in enclosures large enough to permit
any Dog enclosed therein to move freely and in particular
shall permit each Dog confined therein to:
4.1.3.2.1
4.1.3.2.2
4.1.3.2.3
4.1.3.2.4
4.1.3.2.5
4.1.3.2.6
4.1.3.2.7
4.1.3.2.8
stand normally to its full height; \
turn around easily;
move about easily for the purpose of
Posture adjustments;
lie down in a fully extended position;
enable species-appropriate contact;
provide bitches with nursing puppies an
additional ten percent (10%) space per nursing
puppy; and
provide for the social and behaviour needs of
the Dog.
Kennel
walls
shall
be
non-porous
and
watertight and floors shall be of a smooth
concrete finish or similar material and both
walls and floors shall otherwise be easily
cleaned and sanitized.
Suitable bedding shall be provided for the Dog.
Roof coverings, fastened to sheathing or directly to the roof
joists shall be laid so as to prevent the entrance of rodents
and vermin into the facility and covered with suitable
materials in order to eliminate leakage and exposure of the
Dogs to adverse weather conditions.
Ceilings and walls shall abut closely to prevent crevices that
may contribute to rodent infestation.
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4.1.3. 7
Corners of ceilings, walls and partitions shall be caulked and
painted so as to be completely washable.
4.1.3.8
Proper air circulation shall be ensured to prevent respiratory
disease and to avoid the spread of contaminants, viruses,
bacterial and moulds.
4.1.3.9
Every interior space and area that the Dogs may use must
have a floor drain and be appropriately graded.
4.1.3.1 0
Every interior space and area that the Dogs may use must be
maintained at a temperature of at least ten (1 0) degrees
Celsius and not more than twenty-seven (27) degrees
Celsius and temperatures shall otherwise be suitable for the
breed, age and condition of the Dogs.
4.1.3.11
Outside exercise facilities shall be provided and such
facilities shall be:
4.1.3.11.1
fenced and maintained in a manner as to keep
the Dogs securely enclosed;
4.1.3.11.2
large enough for Dogs to break into a trot and
to provide protection;
4.1.3.11.3
surfaced in a manner that is safe and not
slippery and free from debris that could cause
injury or damage to a Dog; and \
4.1.3.11.4
kept in a sanitary manner at all times.
4.1.3.12
Each Dog shall be placed in the outside exercise facilities
provided for in Section 4.1.3.11 as often and as long as
weather conditions permit and in the best interests of the
Dog.
4.1.3.13
Every Kennel shall be maintained in a clean and sanitary
condition at all times and, in particular, every Kennel Owner
shall remove excrement, refuse and other objectionable
material from the Kennel at least twice every day, including
weekends and same shall be removed from the premises at
least once per week in an acceptable and lawful manner.
4.1.3.14
Dogs shall be removed from any area being cleaned and
sanitized.
4.1.3.15
Dogs shall be provided with fresh-drinking water at all times
and in the quantity demanded by the Dogs or otherwise
necessary or required for the Dog's health and well-being.
4.1.3.16
Dogs shall be fed adequate and contaminant-free food
capable of maintaining the Dogs in full health.
4.1.3.17
Food bins shall be covered, vermin proof, free from vermin
and properly marked.
4.1.3.18
Food dishes, utensils and preparation apparatus shall be
cleaned regularly and stored in a clean. and protected area.
4.1.3.19
Where breeding is permitted under this By-law, whelping
areas shall be separated from other areas of the Kennel to
provide sufficient privacy for the whelping bitch.
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4.1.3.20
Kennels shall be adequately and regularly supervised and
shall be managed in a manner to ensure that no harm comes
through the association of incompatible Dogs, sick Dogs or
any other adversarial animal or vermin.
4.1.3.21
Kennel records shall be maintained for each Dog at the
Kennel and such records shall include:
4.1.3.22
4.1.3.23
4.1.3.21.1
name;
4.1.3.21.2
tattoo or microchip number;
4.1.3.21.3
owner's name, address and contact number;
4.1.3.21.4
daily health record; and
4.1.3.21.5
behavioral issues or incidents,
and such records shall be kept for a minimum of
six (6) months after the Dog has left the Kennel.
In addition to the requirements of Section 4.1.3.21 hereof, a
Breeding Kennel shall maintain the following additional
information about the Dogs and any puppies:
4.1.3.22.1
breed;
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4.1 .. 3.22.2
sex;
4.13.22.3
date of birth;
4.13.22.4
the sire and dam;
4.1.3.22.5
colour and markings;
4.1.3.22.6
medications;
4.1.3.22. 7
vaccinations; and
4.1.3.22.8
examinations
for
internal
and
external
parasites and the results thereof,
and such records shall be kept for a minimum of six (6)
months after the Dog has left the Kennel.
Every Kennel shall maintain written Dog care policies and
procedures that include policies and procedures for:
4.1.3.23.1
illness;
4.1.3.23.2
injury;
· 4.1.3.23.3
death;
4.1.3.23.4
back-up transportation;
4.1.3.23.5
phone numbers for the Uxbridge Scugog
Animal Control Centre, the local humane
society and local veterinarians,
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and such policies and procedures shall be readily available
to all Kennel personnel at all times.
4.2
The Clerk may, if he or she is of the opinion that the continued operation of a
Kennel poses an immediate danger to the health or safety of any person or to
any property, on such conditions as he or she considers appropriate and
desirable, suspend a Licence for not more than fourteen (14) days and shall
provide reasons for the suspension either orally or in writing and shall provide an
opportunity to respond to those reasons.
Section 5 - Nuisance Control
5.1
Notwithstanding, and in addition to, the provisions of Section 3 of this By-law,
including the requirement for compliance with the Township's Zoning By-law in
effect at the time of an Application, from time to time, for the purposes of
nuisance control, no Kennel shall be operated within the Township and no
Licence shall be issued in respect of a Kennel unless:
5.1.1
any part of a lot, building, structure or establishment used in connection
with the Kennel is at least thirty (30) metres from any and all dwelling
units on the same lot;
5.1.2
any part of a lot, building, structure or establishment used in connection
with the Kennel is at least three hundred and ten (31 0) metres from any
and all dwellings on any and all other lot or lots;
5.1.3
any part of a lot, building, structure or establishment us~d in connection
with the Kennel is two-thousand (2,000) metres from any and all lands
zoned: RC; HR; R1; R2; RH; SR; ER; and/or RM in the Township's
Zoning By-law, in effect at the time of an Application, from time to time;
5.1.4
any part of a lot, building, structure or establishment used in connection
with the Kennel is thirty (30) metres from all lot lines; and
5.1.5
any part of a lot, building, structure or establishment used in connection
with the Kennel is three-thousand metres from a Kennel on another lot.
Section 6 - Exceptions
6.1
An Applicant whose Kennel was licenced under a predecessor By-law and
conforms with the intent of this By-law, in the opinion of the Animal Services
Committee, but does not conform to the requirements of this By-law, may make
application for an exception to the Animal Services Committee, whereupon the
Animal Services Committee may consider an exception from one or more of the
provisions of this By-law as the Animal Services Committee considers
appropriate and on a case-by-case basis.
Section 7 - Penalties and Conditions
7.1
Any person who contravenes any provision of this By-law is guilty of an offence
and upon conviction shall be liable for a fine as set out in the Provincial Offences
Act.
7.2
In the event that any provision or provisions of this By-law is or are deemed
invalid or void, in whole or in part, by any court of competent jurisdiction, the
remaining provisions shall remain in full force and effect.
7.3
The Clerk and any Animal Control Officer may at any reasonable time enter onto
and inspect the Kennel and its records for the purpose of administering and
enforcing this By-law.
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7.4
Without restricting the generality of, and subject to Section 7.3 hereof, if a
Breeding Kennel or Private Kennel is operated in whole or in part of in a dwelling
unit, the Clerk and any Animal Control Officer may inspect that part of the
dwelling unit used in connection with the Kennel operation.
7.5
Kennel licences issued under any predecessor to this By-law shall expire the
later of: (1) the date of passing of this By-law; (2) the date set for expiration on
the license issued under any predecessor of this By-law.
7.6
This By-law shall come into full force and effect immediately upon its final
passing by Council.
Section 8 - Severability
8.1
If any section, sections, part or parts of this By-law is or are found to be invalid
by a court of competent jurisdiction, it shall be severed from this By-law and the
remainder thereof shall remain in effect.
READ a FIRST, SECOND and THIRD time and finally passed this 22"d day of June,
2009.
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MAYOR
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DEBBIE LEROUX
CLERK
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SCHEDULE "A"
TO BY-LAW NUMBER 2009-082
KENNEL LICENCE FEES
Type of Kennel
Licence Fee
Boarding
$ 200.00/year new
$ 150.00 renewal
Breeding
$ 200.00/year new
$ 150.00 renewal
Private
$ 150.00/year new
$ 100.00 renewal