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THE CORPORATION OF THE TOWNSHIP OF WELLESLEY
BY-LAW NO. 25/2022
BEING A BY-LAW TO REGULATE DOGS AND LICENCE DOG KENNELS
AND TO REPEAL BY-LAW NO. 37/2021
WHEREAS Section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the
"Municipal Act"), provides that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues.
AND WHEREAS Section 8(3) of the Municipal Act provides that a by-law under Section
11 respecting a matter may:
(a)
regulate or prohibit respecting the matter;
(b)
require persons to do things respecting the matter; and,
(c)
provide for a system of licences respecting the matter.
AND WHEREAS Section 11(1) of the Municipal Act provides that a municipality may
provide any service or thing that the municipality considers necessary or desirable for the
public;
AND WHEREAS Section 11(2) of the Municipal Act provides that a municipality may
pass by-laws respecting the health, safety and well-being of persons as well as the protection
of persons and property, including consumer protection;
AND WHEREAS Section 11(3)(9) of the Municipal Act provides that a municipality may
pass by-laws respecting animals;
AND WHEREAS Section 103(1) of the Municipal Act provides that municipalities may
pass by-laws regulating or prohibiting with respect to the being at large or
trespassing of animals;
AND WHEREAS Section 20 of the Animals for Research Act, R.S.O. 1990, Chapter
A.22, as amended, provides for rules and regulations for the keeping of dogs in a municipal
pound;
AND WHEREAS Ontario Regulation 557, R.R.O. 1990, under the Health Protection and
Promotion Act, R.S.O. 1990, Chapter H.7, as amended, provides for the isolation of
animals suspected of being carriers of rabies, at municipal expense;
AND WHEREAS the Provincial Animal Welfare Services Act, 2019, S.O. 2019, c.13, as
amended (the "PAWS Act"), provides special powers to help animals in distress and harm;
AND WHEREAS Section 11 of the Dog Owners' Liability Act, R.S.O. 1990,Chapter
D.16, as amended, (the "DOLA") provides that where there is a conflict between
provisions of t h e DOLA and a by-law passed by a municipality relating to pit bulls,
the provision that is more restrictive in relation to the control or bans on pit bulls prevails;
AND WHEREAS Section 12 of the DOLA names Municipal Law Enforcement Officers
as "peace officers" under the DOLA;
AND WHEREAS it is considered desirable to pass a by-law relating to dogs and dog
kennels within the Township of Wellesley;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION
OF THE TOWNSHIP OF WELLESLEY ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This by-law may be cited as the "Dog and Dog Kennel By-law".
2.
DEFINITIONS
2.1
"Accredited Veterinary Facility" is as defined in section 1 of the PAWS Act;
2.2
"Animal" is as defined in section 11.1 of the Municipal Act;
2.3
"Animal Control Officer" shall mean a Municipal Law Enforcement Officer or
any other person appointed by the Township to enforce the provisions of this
by-law;
2.4
"Blind Person" is as defined in section 1 of the Blind Persons' Rights Act,
R.S.O. 1990, c. B.7, as amended;
2.5
"Boarding" shall mean taking care of a dog for any period of time
for monetary gain;
2.6
"Body Length" shall mean the length of the dog measured from the point of the
nose to the tip of the fully extended tail when the dog is fully stretched out;
2.7
"Clerk" shall mean the Clerk of the Township.
2.8
"Control" shall mean when a dog is on a leash, under the control of a
responsible person, or is otherwise physically restrained and, for greater clarity,
sound or voice commands are not deemed 'control' under this by- law;
2.9
"Council" shall mean the Council of the Township;
2.10
"Crossbred" shall mean a dog whose sire and dam are of two
different breeds;
2.11
"Dog" shall mean any domesticated canine, male or female, whether
neutered or spayed, over the age of twelve weeks;
2.12
"Dog Licence" shall mean a licence issued by the Township to permit a
person to own a dog or dogs;
2.13
"Dog Tag" shall mean a tag issued by the Township evidencing that a Dog
Licence has been obtained;
2.14
"Farm Dog" shall mean that a dog that is herding farm animals, such as cattle
or sheep;
2.15
"Fees and Charges By-law" shall mean the current Fees and Charges By-
law of the Township, as amended or replaced from time to time;
2.16
"Guide Dog" is as defined in section 1 of the Blind Persons' Rights Act,
R.S.O. 1990, c. B.7, as amended;
2.17
"Health Unit" shall mean Region of Waterloo Public Health and Emergency
Services;
2.18
"Hunting Dog" shall mean a dog that is being used for the purposes of
hunting;
2.19
"Kennel" shall mean a building, structure or other facility, or any part thereof,
which is used for Boarding, grooming, rescuing, showing, training, housing,
breeding, or keeping of more than three (3) Dogs, but shall not include an
Accredited Veterinary Facility, an animal hospital, pet store or animal shelter;
2.20
"Kennel Licence" shall mean a licence issued by Council for the operation
of a Kennel pursuant to the provisions of this by-law;
2.21
"Livestock" shall mean livestock as defined by the Township's Zoning By-
law, currently being By-law 28/2006, as amended and replaced from time to
time;
2.22
"Microchip" shall mean an object which may be permanently implanted in a dog
by injection or surgical procedure, which is programmed to store a unique and
permanent identification number and is capable of using radio- frequency signals
to relay the stored information to a scanning device; "Microchipped" shall have
a corresponding meaning;
2.23
"Municipal Law Enforcement Officer" means a person appointed by Council
pursuant to s. 15 of the Police Services Act, R.S.O. 1990, c. P.15, as amended;
2.24
"Operator" means any owner or operator of a Kennel;
2.25
"Order" means an order pursuant to Section 7.2 of this by-law;
2.26
"Owner" shall, when used in relation to a dog, include a person who owns,
keeps, possesses or harbours the dog and, where the owner is a minor, the person
responsible for the custody of the minor. This definition shall include a person
who is temporarily the keeper of the dog. The terms "owns" or "owned' shall
have a corresponding meaning;
2.27
"Pit Bull" is as defined in section 1 of the DOLA;
2.28
"Police Work Dog" shall mean a dog trained to aid law enforcement and which
is actually being used for law enforcement purposes, such as the protection of
the public, including the investigation of a crime or the apprehension of actual or
alleged criminals;
2.29
"Pound" is as defined in section 1 of the Animals for Research Act, R.S.O. 1990,
Chapter A.22, as amended;
2.30
"Poundkeeper" shall mean a person or agency who administers a Pound;
2.31
"Provincial Animal Welfare Services Inspector" means an animal welfare
inspector appointed pursuant to section 5 of the PAWS Act;
2.32
"Provincial Offences Officer" is as defined in section 1 of the Provincial
Offences Act, R.S.O. 1990 c. P.33, as amended;
2.33
"Puppy" shall mean any dog, male or female, twelve weeks of age or
younger;
2.34
"Purebred" is as defined in section 2 of the federal Animal Pedigree Act,
R.S.C. 1985, c. 8 (4th Supp.), as amended;
2.35
"Restricted Pit Bull" is as defined in section 7 of the DOLA;
2.36
"Service Animal" is as defined in section 80.45 of Ontario Regulation 191/11
entitled "Integrated Accessibility Standards" under the Accessibility for Ontarians
with Disabilities Act, 2005, S.O. 2005, c. 11, as amended;
2.37
"Township" shall mean The Corporation of the Township of Wellesley;
2.38
"Veterinarian" is as defined in section 1 of the PAWS Act;
2.39
"Whelping Bitch" shall mean a female dog which is preparing to give birth, is
going into labour or is birthing puppies;
2.40
"Whelping Box" shall mean a box constructed to protect puppies during the
birthing process; and,
2.41
"Zoning By-law" shall mean the Township's Zoning By-law, currently
being By-law 28/2006, as amended.
3.
ANIMAL CONTROL OFFICERS
Appointment of Animal Control Officers
3.1
Council may appoint Animal Control Officers, at any time, whose duties shall
include:
(a)
enforcing the provisions of this by-law;
(b)
maintaining accurate records of all licences issued pursuant to this by-law;
(c)
providing quarterly reports to Council outlining their activities;
(d)
inspecting all licensed Kennels, as required;
(e)
seizing and impounding dogs found to be running at large; and,
(f)
performing any other duty as required by this by-law.
4.
DOGS RUNNING AT LARGE
No Dogs Shall Run At Large
4.1
No Owner of a dog shall permit their dog to run at large in the Township, or fail
to prohibit their dog from running at large.
4.2
A dog shall be deemed to be " running at large" if found in any place other than
the premises of the Owner of the dog, and not under the Control of any person.
4.3
A dog shall not be considered to be running at large if it is:
(a)
a Farm Dog;
(b)
a Guide Dog;
(c)
a Hunting Dog;
(d)
a Police Work Dog; or,
(e)
a Service Animal;
while actively engaged in the performance of its trained duties.
4.4
Any dog running at large may be captured by an Animal Control Officer and
impounded at a Pound, in accordance with the provisions of this by-law.
4.5
Where an Animal Control Officer impounds a dog at a Pound, or otherwise detains
a dog found to be running at large, and the Owner of the dog is known, the Animal
Control Officer may return the dog directly to the Owner, at the sole discretion of
the Animal Control Officer.
5.
DOG WASTE
5.1
An Owner of a dog shall remove forthwith, and dispose of in a sanitary manner,
any excrement left by their dog on any property, other than the premises of the
Owner, within the Township.
5.2
A Blind Person with a Guide Dog or a person with a disability who is accompanied
by a Service Animal are exempt from the provision of Section 5.1 of this by-law.
6.
IMPOUNDMENT
Dog Redemption Period
6.1
Where a dog has been impounded at a Pound, the Owner has the right to redeem the
dog within seventy two (72) hours from the time of impoundment, inclusive of
Sundays, though exclusive of holidays and the day of impoundment, by paying to
the Township the applicable fees and charges, as outlined in the Fees and Charges
By-law.
If Dog Not Redeemed Within Redemption Period
6.2
In the event a dog has not been redeemed from the Pound by it's Owner within
seventy two (72) hours, as outlined in Section 6.1 above, the dog shall become
the property of the Poundkeeper who may sell, resettle or, request the
Veterinarian to euthanize the Dog.
Fees and Charges Always Payable
6.3
Where a dog has been impounded at a Pound, and the Owner redeems the dog at
any point beyond the time outlined in Section 6.1 above, the Owner shall pay to the
Township the applicable fees and charges, as outlined in the Fees and Charges By-
law.
Proceeds of Sale of a Dog
6.4
The proceeds of any dog sold by the Poundkeeper shall belong to the Pound.
When Veterinarian Services Required
6.5
Where a dog has been impounded at a Pound and requires the immediate services
of a Veterinarian, the Township, the Poundkeeper, or an Animal Control Officer,
may deliver the dog to a Veterinarian for care and shall notify the Owner, if known.
If, in the opinion of the Veterinarian, the dog is incapable of being cured or healed
so as to live thereafter without undue suffering, the Veterinarian may order the dog
to be euthanized in accordance with the laws of Ontario.
6.6
Where a dog has been delivered to a Veterinarian for care pursuant to section 6.5 of
this by-law, the Owner of the dog shall be liable for any and all costs, fees or
charges incurred by the Township or the Poundkeeper in relation thereto, or
resulting therefrom, and the Township, the Poundkeeper, or an Animal Control
Officer, may refuse to release the dog to its Owner until those costs, fees or charges
have been paid by the Owner in full.
7.
DOG BITES OR ATTACKS
Dogs Shall Not Bite or Attack
7.1
No dog may bite or attack a person or domestic animal.
Issuing an Order
7.2
Where an Animal Control Officer is satisfied that a dog has bitten or attacked a
person or domestic animal, an Animal Control Officer may issue an order to the
Owner of the dog requiring that:
(a)
the dog be muzzled and leashed at certain specified times or locations, or at
all times and locations, as specified in the order;
(b)
the dog be kept at the Owner's property at certain specified times or locations
thereon, or at all times and at any location thereon, as specified in the order;
and,
(c)
the dog be kept in an enclosed pen of sufficient construction and dimension
to provide humane shelter for said dog at certain specified times, or at all
times, as specified in the order.
7.3
The Order shall set out:
(a)
reasonable particulars of the dog bite or attack, including the location where
the dog bite or attack occurred; and,
(b)
the date by which there must be compliance with the Order.
7.4
The Owner of the dog for which the Order was issued shall, at all times, comply
with the provisions of the Order.
7.5
Any person who contravenes an Order, is guilty of an offence.
Appeal of an Order
7.6
An Owner who considers themselves aggrieved by an Order may apply to Council,
in the form prescribed by the Township, for a rescission or variance of the Order.
Expiration of an Order
7.7
An Order shall remain in full force and effect unless it is rescinded or varied by an
Animal Control Officer or by Council.
Township May Commence DOLA Proceedings
7.8
Notwithstanding any other provision of this by-law, where a dog has, or is alleged
to have, bitten or attacked a person or domestic animal, the Township may choose
to commence proceedings pursuant to the DOLA.
8.
RESTRICTED PIT BULLS
Registration of Restricted Pit Bulls Required
8.1
Any Owner of a Restricted Pit Bull shall register the Restricted Pit Bull with an
Animal Control Officer within two (2) days of:
(a)
owning a Restricted Pit Bull; or,
(b)
residing in the Township with a Restricted Pit Bull.
Restricted Pit Pulls Still Require a Dog Licence
8.2
Registering a Restricted Pit Bull is in addition to, and does not replace, the annual
licensing of the Restricted Pit Bull, as outlined in Section 9 of this by-law.
9.
LICENSING OF DOGS
Dog Licences Required for All Dogs
9.1
Every Owner of a dog shall apply for, and obtain, a Dog Licence:
(a)
within twenty one (21) days of owning a dog; or,
(b)
if or when a dog is over twelve (12) weeks of age;
whichever occurs later.
Application for a Dog Licence
9.2
Every Owner of a dog shall, on or before the 31st day of March in each and every
year, apply for and obtain a Dog Licence.
9.3
An Owner of a dog shall apply for a Dog Licence in the form prescribed by the
Township, which form shall require that the following information be provided:
(a)
the name of the Owner;
(b)
the address of the Owner;
(c)
the name of the dog;
(d)
the dog's gender;
(e)
the breed of the dog, if known;
(f)
a visual description of the dog, including its weight and colour;
(g)
the age of the dog, if known;
(h)
whether the dog has been spayed or neutered; and,
(i)
a letter or certificate from a Veterinarian, in a form acceptable to the
Township, evidencing that the dog has been inoculated with an anti-rabies
vaccine within the preceding twenty four (24) to thirty six (36) months,
depending on the type of vaccination previously received.
9.4
An Owner of a dog shall pay all applicable fees and charges in relation to obtaining a
Dog Licence, as set out in the Fees and Charges By-law.
Expiration of a Dog Licence
9.5
A Dog Licence shall expire on the 31st day of December in each year in which the
Dog Licence was issued.
Records of Dog Licences
9.6
The Township shall maintain a record of all Dog Licences issued by the Township,
which shall include the serial numbers of any Dog Tag.
Dog Tags
9.7
The Township shall provide an Owner of a dog who has obtained a Dog Licence a
Dog Tag, which shall bear a serial number and the year of issuance of such Dog Tag.
9.8
An Owner of a dog shall ensure that a Dog Tag is securely affixed to the dog for
which the Dog Tag was issued, at all times.
9.9
No person shall remove a Dog Tag from a dog, except for a Hunting Dog, provided
that the Hunting Dog is actively and legally engaged in hunting.
9.10
If a Dog Tag becomes lost or stolen, an Owner shall immediately apply for a
replacement Dog Tag on the form prescribed by the Township and shall pay the
applicable fees and charges, as set out in the Fees and Charges By-law.
Dog Licences Non-Transferrable
9.11
A Dog Licence is not transferable to another Owner or to another dog.
Dog Licence Required for Temporary Periods
9.12
A person who keeps, possesses or harbours a dog on a temporary basis, but for a
period of more than thirty (30) days, shall be required to apply for, and obtain, a Dog
Licence for the dog as well as pay the applicable fees and charges, as set out in the
Fees and Charges By-law.
Maximum Number of Dogs
9.13
No person shall own, keep, possesses or harbour more than three (3) Dogs in the
Township, though Puppies that have not been weaned shall not be counted in
determining the number of Dogs a person owns, keeps, possesses or harbours.
9.14
Section 9.13 of this by-law shall not apply to an Accredited Veterinary Facility, an
animal hospital, pet store or animal shelter.
9.15
No person may apply for, or obtain, more than three (3) Dog Licences.
10.
LICENSING OF KENNELS
Kennel Licences Required for All Kennels
10.1
No person shall operate, or continue to operate, a Kennel in the Township, at any
time, without having a Kennel Licence.
One Kennel Per Property
10.2
Only one (1) Kennel Licence shall be permitted per property.
Application for a Kennel Licence
10.3
Every Operator shall, on or before the 31st day of March in each and every year,
apply for and obtain a Kennel Licence.
10.4
A person may apply for a Kennel Licence by submitting to the Township, in the
form prescribed by the Township, the following:
(a) a detailed site plan drawing, drawn to scale, indicating the following:
(i)
the property on which the Kennel is to be located;
(ii)
the location of all buildings, structures, and dog runs on the subject
property;
(iii)
the location of all buildings, structures, and dog runs, or parts
thereof, to be used as part of the Kennel on the subject property;
(iv)
the distance which separates the Kennel from:
(A)
all property lines; and,
(B)
any buildings or structures on adjacent properties, especially
any residential buildings;
(v)
a floor plan, drawn to scale (min. 3/16" = 1'-0"), of any building,
structure, or dog run being used as part of the Kennel, identifying
pens, dog runs, walkways, exits, fire extinguishers, smoke and carbon
monoxide alarms and shall be fully dimensional and labelled;
(vi)
any sound-producing equipment; and
(viii) A separate area to be used for isolation of animals suspected and/or
diagnosed of having infectious disease.
(b)
a list of all Dogs to be kept at the subject property, including:
(i)
the breed of each Dog, including whether the Dogs are Purebred
Dogs or not; and,
(ii)
verification of the current vaccination status of each dog, except
where there is evidence that a dog is under four (4) months of age;
(c) A declaration from the person applying for a Kennel Licence affirming that
there is no legal restriction preventing them from owning or caring for dogs;
(d) the applicable fees and charges, as outlined in the Fees and Charges By-law.
Mandatory Criteria for All Kennels
10.5
A Kennel Licence shall only be issued for a Kennel where Purebred Dogs are
being kept or maintained.
10.6
An Operator must reside at the property on which the Kennel is located.
Council to Consider All Kennel Licences
10.7
A Kennel Licence may be considered by Council, once the Township is satisfied
that all of the application requirements, as outlined in Section 10.4 of this by-law,
have been met.
10.8
After receiving a complete application for a Kennel Licence, Council may consider
the application and may choose to:
(a)
issue the Kennel Licence;
(b)
not issue the Kennel Licence; or,
(c)
issue the Kennel Licence subject to conditions.
Kennels Shall Operate in Accordance with Conditions
10.9
No person shall operate a Kennel, except in accordance with the conditions of
the Kennel Licence imposed by Council.
Kennel Licences Non-Transferrable
10.10 Kennel Licences are not transferrable to another Operator or to another Kennel. If
the property on which a Kennel is located is being sold, the purchaser of the subject
property shall apply for, and obtain, a Kennel Licence prior to operating a Kennel.
No Kennel shall be transferred that does not comply with all other requirements of
this by-law.
Expiration of Kennel Licences
10.11 A Kennel Licence shall expire on the 31st day of December in each year in which
the Kennel Licence was issued.
Suspension or Revocation of Kennel Licences
10.12 Council may suspend or revoke a Kennel Licence, upon giving thirty (30) days
written notice to the Operator, if:
(a)
it is discovered that false or misleading information was provided to the
Township in order to obtain a Kennel Licence, or in relation to the ongoing
operation of the Kennel;
(b)
an Operator has contravened, or the Kennel is in contravention of, any of the
provisions of this by-law;
(c)
there is an outbreak of an infections or contagious disease at the Kennel;
10.13 The written notice described in Section 10.12 of this by-law shall be delivered via
personal service, courier or registered mail to the Operator of the Kennel in question.
Posting of Kennel Licence
10.14 All Kennels shall post their Kennel Licence in a conspicuous place on the premises
and shall, when requested by an Animal Control Officer, produce such Kennel
Licence for inspection.
Copy of Code of Practice Required
10.15 All Operators shall obtain, have regard for, and keep in a Kennel, the following: "A
Code of Practice for Canadian Kennel Operations" (Canadian Veterinary Medical
Association, Third Edition 2018), as amended.
11.
KENNEL REQUIREMENTS
Microchipping of Dogs
11.1
All Dogs and Puppies (exclusive of nursing Puppies) in a Kennel shall be
Microchipped or tattooed, at all times, in order to be able to properly identify each
dog.
11.2
For Dogs and Puppies that are adopted or sold by a Kennel, the Microchip and/or
tattoo information for those dogs shall be recorded by the Kennel and noted on any
bill of sale, or other applicable documentation, from the Kennel.
11.2A Vaccination documentation shall be provided for any Dog or Puppy adopted or sold
by a Kennel by the Operator to the person adopting or purchasing the Dog or Puppy.
Dog Licences / Tags Not Required for Dogs in a Kennel
11.3
Notwithstanding any other provision of this by-law, and for greater clarity, dogs,
while at a Kennel, are not required to comply with the provisions of Section 9 of
this by-law.
Maximum Number of Dogs in a Kennel
11.4
A Kennel may only contain a maximum of thirty five (35) Dogs at any one time.
(a)
Unsold puppies will be counted towards the total number of Dogs permitted to
be kept at a Kennel upon reaching four (4) months of age;
Minimum Number of Purebred Dogs in a Kennel
11.5
A Kennel may have Crossbred Dogs, provided that a minimum of five (5) Purebred
Dogs are being kept or maintained in the Kennel at any one time.
Grandfathering Existing Kennels
11.6
Notwithstanding any other provision of this by-law, a Kennel that existed, and was
licenced by the Township, prior to this by-law coming into force or effect shall:
(a)
within five (5) years of the passing of this by-law, reduce the number of Dogs
exceeding the permitted maximum 35 to the maximum number allowable in
the current by-law (Section 11.4) through sale / retirement / adoption or
rehoming.
(b)
be permitted to continue operating at its existing location;
(c)
comply with all other applicable requirements set out in this by-law within
twenty four (24) months of this by-law coming into force or effect.
(i) if alterations to the Kennel are required to meet the standards set out in
this by-law, that a building permit be obtained for such alterations within
twelve (12) months of this by-law coming into force or effect.
Minimum Standards for All Kennels
11.7
All Kennels shall comply with the following minimum standards at all times:
(a)
All Kennels shall conform to the provisions of the Zoning By-law and, without
limiting the generality of the foregoing, no buildings or structures forming part
of a Kennel, or any parts thereof, shall contravene the provisions of the Zoning
By-law.
(b)
No building or structure, or part thereof, forming part of a Kennel shall be used
for human habitation.
(c)
All Kennels shall be constructed so as to provide the following minimum
individual pen enclosure space per Dog, based on the weight of the Dog:
(i)
less than 12 kgs:
1.0 sq. metre per Dog
(ii)
from 12 to 30 kgs:
2.0 sq. metres per Dog
(iii)
from 31 to 50 kgs:
2.5 sq. metres per Dog
(iv)
over 50 kgs:
sufficient space for the Dog to stretch or stand
to its full body height and full body length but
in no case smaller than 3 sq. metres per Dog
(d)
The minimum individual pen enclosure space standards per Dog, as outlined in
Section 11.7(c) of this by-law, apply to the keeping of a Dog, however, bitches
and their Puppies shall be provided with additional space of 10% per Puppy.
(e)
If two (2) or more Dogs are kept in one pen enclosure, for whatever reason, the
minimum individual pen enclosure space standards per Dog, as outlined in
Section 11.7(c) of this by-law, shall be increased by 50% for each additional
Dog.
(f)
All Kennels shall be of sufficient size and height and of a design that permits
each Dog therein to:
(i)
move about freely, which includes the ability to:
(A)
walk and turn around easily;
(B)
move about easily for the purpose of postural adjustments,
including stretching or wagging their tails, without touching
the enclosure's walls or ceiling;
(C)
stand normally to their full height without touching the
enclosure's walls or ceiling; and,
(D)
lie down without touching another Dog.
(ii)
have species-appropriate contact; and,
(iii)
ensure its social and behavioral needs are met.
(g)
All Kennels shall have at least one side through which the Dog can be observed
and the Dog can see the exterior.
(h)
All Kennels shall be adequately shaded to ensure the dog's comfort.
(i)
All Kennels shall use materials that optimize soundproofing when building
or renovating near a Kennel or the Kennel itself.
(j) All Kennels shall have a fence, with a minimum height of four (4) feet, around
each pen enclosure and dog run or exercise yard, which shall be constructed so
as to prevent visibility from the exterior and to provide acoustical barriers,
where necessary, as determined by the Township.
(k)
All Kennels shall have adequately shaded, open-air dog runs, properly fenced
to maintain control of the dogs, and with enough space to accommodate the
breed of dogs therein.
(l)
No Kennel shall be located within one hundred and fifty (150) metres (or 492
feet) of:
(i)
any habitable building on an adjacent property;
(ii)
any building used for the keeping of Livestock on an adjacent
property; or,
(iii)
any road allowance.
(m) All Kennels shall be independently situated from other buildings or structures on
the property on which they are located so as to have:
(i)
a separate entrance;
(ii)
a solid wall, of impermeable material, separating the Kennel from any
buildings used for the keeping of Livestock; and,
(iii)
a separate ventilation system, including duct work as
necessary, constructed to supply fresh air and enable adequate
exchange of air for all seasons,
(n) An Operator must own the property on which their Kennel is located at all times.
(o) All new dogs entering the Kennel must be accompanied by documentation dated
within one (1) week prior to its entering the Kennel, from a Veterinarian stating
that the dog has been examined by that Veterinarian and has been determined to
have no health issues, including any health issues that would impact any other
dog at the Kennel.
(p)
All Kennels shall have floors and walls made of sealed concrete or other
impermeable material. Wire or slatted floors will not be permitted.
(q) All Kennel floors shall be self-draining with a minimum 2% slope, excluding
Whelping Box.
(r)
All Kennel floors shall be maintained in a state of good repair, with good
traction so as to prevent slipping or injury of dogs.
(s) All Kennel interior walls and partitions shall be constructed of materials that are
appropriately treated or coated to be rendered washable, sanitizable, impervious
to moisture, smooth, and durable, using only nontoxic materials in places in
which dogs have direct contact.
(t)
All Kennels shall maintain a temperature therein that optimizes dog comfort
and shall avoid temperature fluctuations that may cause discomfort. Adequate
supplemental heat shall be provided for dog comfort when necessary.
(u) All Kennels shall be properly equipped with accessible, fresh water for the
dogs therein so as to maintain the dogs in a healthy condition.
(v) All Kennels shall provide suitable, adequate food for the dogs therein and such
food shall be provided in clean, properly sized containers so as to maintain the
dogs in a healthy condition.
(w) All Kennels shall be kept in a sanitary, well-ventilated condition, free from
offensive odours, disease and insect or rodent infestation.
(x) All feces shall be removed from all Kennels and properly disposed of on a daily
basis.
(y) All Kennels shall provide adequate natural or artificial light for a minimum of
eight (8) hours per day. Similarly, all Kennels shall provide minimal or no
artificial lighting for a minimum of eight (8) hours per day to ensure the dog
can get adequate rest.
(z) All pen enclosures or dog runs shall be regularly cleaned and sanitized.
(aa) Every dog in a Kennel shall be provided with the necessary veterinary care
when the animal exhibits signs of pain, illness, injury or suffering.
(bb) All dogs in a Kennel shall be permitted opportunities for periodic exercise
sufficient to maintain the good health of the dog.
(i)
Dogs and Puppies older than eight weeks of age receive a minimum
of 30 minutes per day of contact with other compatible dogs, and at
least 30 minutes per day of direct contact with humans
(cc) All Kennels shall have audible smoke and carbon monoxide alarms with visible
signals to the exterior, which shall be maintained in good working order at all
times.
(dd) All Kennels shall have fire extinguishers properly placed at locations therein for
easy access in the case of an emergency and maintained in good working order
at all times and inspected annually by a third party.
(ee) All dogs shall be confined inside a Kennel during the hours of 11:00 p.m. to
7:00 a.m.
(cc) When dogs are being Boarded at a Kennel, the Kennel shall:
(i)
keep dogs that are exhibiting vicious behaviour or aggression separate
from other dogs; and,
(ii)
keep dogs that are under treatment for a communicable disease, or
suspected of having a communicable disease, separate from other dogs.
Retention of Veterinarian Services
11.8
All Operators shall retain the services of a Veterinarian who is responsible for:
(a)
providing advice on the prevention and control of diseases at the Kennel; and,
(b)
the provision of prompt adequate veterinary care for all ill or injured dogs or
any dogs showing signs of pain or suffering at the Kennel.
Information to be Provided Upon Adoption or Sale of a Dog
11.9
All dogs being adopted and/or sold from a Kennel must be examined by a
Veterinarian and determined to be healthy.
11.10 All Kennels shall provide, for any dog being adopted and/or sold, full medical
disclosure to the adopter and/or purchaser of said dog.
Dogs in Kennel Must Be Vaccinated
11.11 A dog shall not be allowed into a Kennel unless it can provide evidence that it is
immunized against distemper, hepatitis, rabies, parvovirus, para influenza and
bordatella.
Outbreak at a Kennel
11.12 If a Veterinarian confirms that a Kennel has an outbreak of distemper, hepatitis,
rabies, parvo virus or any other infections or contagious disease, the Kennel may be
closed immediately by an Animal Control Officer, a Provincial Animal Welfare
Services Inspector, or such other person as may be appointed by Council, until such
time as a Veterinarian provides a written report that the danger of the outbreak has
passed and upon the approval of an Animal Control Officer. If Council suspended a
Kennel Licence under Section 10.12 of this by-law during an outbreak, then only
Council can lift such a suspension in order to permit the Kennel to continue normal
operations.
12.
KENNEL BREEDING STANDARDS
Breeding Programs
12.1
A Kennel that wishes to commence a breeding program for the first time may start
the breeding program with no more than ten (10) Dogs. The Kennel may then add,
after the first litter of each Dog, an additional ten (10) Dogs each year thereafter
following an annual Kennel License renewal, with the approval of an Animal Control
Officer, up to the maximum number of Dogs outlined in Section 11.6 of this by-law.
Minimum Standards for All Kennels at which Dogs Are Bred
12.2
All Kennels at which Dogs are being bred shall comply with all of the provisions of
this by-law as they relate to Kennels more generally and, in addition, shall comply
with the following minimum standards at all times:
(a) Operators shall enroll in, and complete, the on-line training programs offered by
the American Kennel Club Canine College that are outlined in Schedule "A" to
this by-law prior to any Dogs being bred at the Kennel and provide the Township
with all t he necessary evidence to establish same. Where a Kennel exists when
this by-law comes into force and effect, an Operator of a Kennel shall have
one (1) year to complete the required on-line training programs outlined in
Schedule "A" to this by-law and provide the Township with all the necessary
evidence to establish same.
(b)
Operators shall be knowledgeable about common inherited diseases and
conformation traits that may negatively impact a dog's quality of life and prevent
normal functions for the breeds that are being raised.
(c)
All Kennels shall ensure that, prior to commencing a breeding program, that the
Dogs to be bred are determined by a Veterinarian to be sound for the purposes
of breeding and documentation from the Veterinarian establishing that the Dogs to
be bred are sound for the purposes of breeding shall be kept by the Operator.
(d)
Operators shall, prior to commencing a breeding program, consult with a
Veterinarian to assist in determining the frequency of breeding, the total number of
breedings that should occur and the age at which to retire animals from breeding.
(e)
Dams shall not to be bred before their second estrous cycle, or 18 months of age,
whichever occurs first, or as otherwise recommended by a Veterinarian.
(f)
Dams and sires shall not be bred for the first time until genetic testing, as
recommended by a Veterinarian, is performed on the Dogs whose breed carries
inherited diseases.
(g)
Dogs with physically-apparent genetic abnormalities shall not be bred with Dogs
who have similar abnormalities.
(h)
Dogs with known internal genetic abnormalities shall not be bred at a Kennel.
(i)
After a female Dog reaches six (6) years of age, and where an Operator wishes
to continue to breed that Dog, an Operator must obtain written confirmation from a
Veterinarian that the Dog in question is in good health and that to continue breeding
the Dog would not compromise the health of the Dog. Any such written confirmation
from a Veterinarian shall be provided to an Animal Control Officer immediately upon
request thereof. All Dogs shall retire once they reach eight (8) years of age.
(j)
All Dogs being bred at a Kennel shall receive annual check-ups from a Veterinarian
and obtain the required immunizations, as per the recommendations of the
Veterinarian.
(k)
An Operator shall have a general or specific breeding plan for each Dog in their
breeding program, which should detail:
(i)
the maximum breeding age and the maximum number of litters for
each Dog;
(ii)
any specific situations that would trigger the retirement of a Dog
from the breeding program;
(iii)
acceptable ways to retire a Dog from a breeding program, including
surrendering the Dog to recognized rescue organizations, or to a
Humane Society or to spay/neuter the Dog for private adoption.
(l)
All Kennels shall maintain accommodations, separate from the balance of the
Dogs in the Kennel, for a Whelping Bitch. The accommodations shall be
a minimum of 2 ½ times the size of the Whelping Bitch.
(m)
All Kennels shall construct a Whelping Box for the Whelping Bitch with four
sides and a floor made from impermeable materials. Within the Whelping
Box, breed- specific measures should be taken to prevent accidental
suffocation of the puppies by the Whelping Bitch.
(n)
All Kennels shall provide sufficient and designated space for the proper
enrichment and socialization of all Dogs and Puppies.
(o)
Operators shall provide a separate outdoor run for a Whelping Bitch to
prevent the transfer of diseases from other Dogs to the Puppies.
13.
RECORDS
13.1
All Kennels shall keep and maintain, at all times, the following records, if
applicable, on-site at the Kennel for the duration of the Dog and/or Puppy's stay at
the Kennel plus for a minimum of two (2) years thereafter, which shall be available
for inspection by an Animal Control Officer upon request at any reasonable time:
(a)
Microchipping and tattoo records for each Dog and Puppy;
(b)
Veterinarian records for each Dog and Puppy;
(c)
immunization / vaccination records for each Dog and Puppy;
(d)
breeding and identification records of all Whelping Bitches and stud Dogs,
as well as records of the resulting litters;
(e)
the records of all adoptions and/or sales of dogs, which shall include the
name and address of each adopter and/or purchaser of a dog, a photocopy of
government-issued identification for each adopter and/or purchaser of a dog
that can establish that person's identity, and the relevant Microchip or tattoo
information for each dog adopted and/or sold;
(f)
for dogs being Boarded:
(i)
the dates of arrival and departure of all dogs being Boarded; and,
(ii)
the names and addresses of the owners of all dogs being Boarded;
14.
KENNEL INSPECTIONS
Inspection Powers of Animal Control Officers
14.1
An Animal Control Officer may enter on land, without notice, at any reasonable
time for the purpose of carrying out an inspection to determine whether or not this
by-law is being complied with.
14.2
All Kennels may be inspected by an Animal Control Officer, a Provincial Animal
Welfare Services Inspector or such other person as may be appointed by Council, at
any reasonable time.
14.3
All Kennels shall, at a minimum, be inspected by an Animal Control Officer at least
two (2) times in a given year.
No Hindrance or Obstruction
14.4
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who
is exercising a power, or performing a duty, under this by-law.
15.
MISCELLANEOUS MATTERS
15.1
Dogs shall only be euthanized by a Veterinarian or otherwise in accordance with
the laws of the Province of Ontario.
16.
PENALTY PROVISIONS
16.1
Pursuant to section 425 of the Municipal Act, a person who contravenes any of
the provisions of this by-law is guilty of an offence and, upon conviction, shall
be liable to a fine as set out herein.
16.2
Pursuant to section 425 of the Municipal Act, a director or officer of a corporation
who knowingly concurs in the contravention of this by-law by the corporation is
guilty of an offence and, upon conviction, shall be liable to a fine set out herein.
16.3
Pursuant to section 429 of the Municipal Act, a person, except for a corporation,
who is convicted of an offence is liable to a maximum fine of twenty-five thousand
dollars ($25,000) for a first conviction and a maximum fine of fifty thousand dollars
($50,000) for any subsequent conviction.
16.4
Pursuant to section 429 of the Municipal Act, a corporation that is convicted of an
offence is liable to a maximum fine of fifty thousand dollars ($50,000) for a first
conviction and a maximum fine of one hundred thousand dollars ($100,000) for any
subsequent conviction.
16.5
Pursuant to section 429 of the Municipal Act, a director or officer of a corporation
who is convicted of an offence is liable to a maximum fine of fifty thousand dollars
($50,000) for a first conviction and a maximum fine of one hundred thousand
dollars ($100,000) for any subsequent conviction.
17.
SEVERABILITY
17.1
If any provision or requirement of this by-law, or the application thereof to any
person, shall, to any extent, be held to be invalid or unenforceable, the remainder of
this by-law, or the application of such provision or requirement to all persons other
than those which it is held to be invalid or unenforceable, shall not be affected
thereby and each provision and requirement of this by-law shall be separately valid
and enforceable to the fullest extent permitted by law.
18.
REPEAL
18.1
By-law No. 37/2021, as well as any by-laws amending same, are hereby repealed.
19.
TRANSITION
19.1
Notwithstanding Section 18.1 of this by-law, By-law No. 37/2021 shall be deemed
to continue in full force and effect with respect to any and all orders, appeals or
prosecutions issued, filed or commenced under that by-law and any assessment, rate,
charge, tax, fee, liability or penalty outstanding under By-law 47/2019 may be
collected as if that by-law had not been repealed.
19.2
Notwithstanding Section 18.1 of this by-law, By-law No. 37/2021 shall be deemed
to continue in full force and effect with respect to any enforcement under Part I of
the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, and the set fine
scheduled, as approved by the Chief Justice, until such time as the Chief Justice
approves the set fine schedule for this by-law.
20.
EFFECTIVE DATE
20.1
This by-law shall come into force and effect upon the passing of this by-law by
Council.
Read a first and second time this 5th day of July, 2022.
_________________________________
________________________________
Mayor Joe Nowak
Clerk, Grace Kosch
Read a third and final time and passed this 5th day of July 2022.
_________________________________
________________________________
Mayor Joe Nowak
Clerk, Grace Kosch
SCHEDULE "A"
MANDATORY ON-LINE TRAINING PROGRAMS FOR BREEDING
KENNELS
1.
American Kennel Club Canine College:
(a)
ABC's of Dog Breeding - Breeding Basics
(b)
ABC's of Whelping and Medical Intervention