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THE CORPORATION OF THE
TOWNSHIP OF WELLINGTON NORTH
BY-LAW NUMBER 046-17
(including amendments in By-law No. 003-19, By-law 104-2024)
BEING A BY-LAW TO PROVIDE FOR THE OPERATION AND
LICENSING OF KENNELS IN THE TOWNSHIP OF WELLINGTON
NORTH.
WHEREAS the Council of The Corporation of the Township of Wellington North
has deemed it necessary to pass a by-law to provide for the establishment of and
licensing kennels.
NOW THEREFORE the Council of the Corporation of the Township of Wellington
North hereby enacts as follows:
1. DEFINITIONS
1.1
Animal Control Officer - shall mean the person or persons appointed by
the Council to enforce this By-law and includes the person appointed by
the Municipality to control dogs and any servants or agents of such
person, any peace officer having jurisdiction within the Municipality;
1.2
Clerk means the Clerk of The Corporation of the Township of Wellington
North;
1.3
Council means the Council of The Corporation of the Township of
Wellington North;
1.4
Dog - shall mean any member of the species canis familiaris which is
over twelve (12) weeks of age;
1.5
Kennel - shall mean a place where more than 3 dogs are housed,
groomed, bred, boarded, trained, sold or kept for hunting and includes
both boarding kennels and breeding kennels on a lot or parcel which is
25 acres or greater in size within an Agricultural Zone of the
Municipality's Zoning by-law and which are licensed under the provisions
of this By-law;
1.6
Noise - shall mean the sound made by any dog which unreasonably
disturbs the peace, quiet, comfort or repose of any person in any dwelling
unit for a period longer than ½ hour, more than twice in seven days;
By-law No.046-17
Page 2 of 11
1.7
Owner - shall mean any person, group of persons, partnership or
corporation who or which possesses or harbours a dog; the words "own",
"owns" or "owned", shall have a corresponding meaning, and shall
include a person or persons who are temporarily the keeper of dogs; and
where the owner is a minor, shall include the person or persons having
the custody of the minor;
1.8
Township - shall mean The Corporation of the Township of Wellington
North;
1.9
Zoned means a land use designation in a zoning by-law passed under
the provisions of the Planning Act, R.S.O. c. P. 13, as amended.
2. KENNELS
2.1
Every Owner or Operator of a kennel shall no later than the 15th day of
January in each year apply for a Kennel License in the form attached
hereto as Schedule B.
2.2
No person shall own or operate a Kennel:
2.2.1
Without a license to do so issued under this by-law;
2.2.2
Without having paid the required fees for the license;
2.2.3
At a location other than for which a license is issued under this
by-law;
2.2.4
Under any other name than the one endorsed on his/her
license issued under this by-law .
2.3
No person shall transfer or assign a license issued under this by-law.
2.4
No person shall obtain a license by providing mistaken, false, or incorrect
information.
2.5
No person shall obtain a license having been convicted under the
Criminal Code of Canada for animal abuse, or had charges under the
Dog Owner's Liability Act (DOLA) R.S.O. 1990, c. D.16 or the Ontario
Society for the Prevention of Cruelty to Animals Act (OSPCA). R.S.O.
1990, c. O. 36.
2.6
Every person who owns or operates a kennel shall comply with the
applicable by-laws of the Township. No kennel License shall be issued
unless such kennel complies with the by-laws of the Township. Where an
By-law No.046-17
Page 3 of 11
Owner or Operator of a kennel fails to comply with a by-law of the
Township, the kennel License may be suspended or revoked.
2.7
Every person who owns or operates a kennel shall permit an Animal
Control Officer, upon production of proper identification, to enter and
inspect the kennel at all reasonable times for the purposes of determining
compliance with the license and the provisions of this by-law or any other
by-laws of the Township applicable to a kennel.
2.8
Every person who owns or operates a kennel shall comply with the
guidelines set out in "A Code of Practice for Canadian Kennel
Operations", (Canadian Veterinary Medical Association) second edition
May, 2007) as amended from time to time.
2.9
No person who owns or operates a kennel shall keep dogs in an
unsanitary condition. Conditions shall be considered unsanitary where
the keeping of the animal or animals results in an accumulation of fecal
matter, an odour, insect infestation or rodent attractants which endanger
the health of the animal or any person.
2.10
Every person who owns or operates a kennel shall provide the animals
under care, or cause them to be provided with:
2.10.1 clean, fresh drinking water and suitable food of sufficient quantity
and quality to allow normal, healthy growth and the maintenance of
normal, healthy body weight;
2.10.2 food and water receptacles kept clean and disinfected and located
so as to avoid contamination by excreta;
2.10.3 the opportunity for periodic exercise sufficient to maintain good
health including the opportunity to be unfettered from a fixed area
and exercised regularly under appropriate control;
2.10.4 necessary veterinary medical care when any animal exhibits signs
of pain, illness or suffering;
2.10.5 sufficient designated space for the proper enrichment and
socialization of puppies;
2.10.6 protection from heat, cold and wet;
2.10.7 be of sufficient size to allow the animal the ability to turn around
freely and lie in a normal position;
By-law No.046-17
Page 4 of 11
2.10.8 access to a fenced area to the outside that permits the animal to
access the outside area and return to the inside area on its own
accord.
2.11
Every person who owns or operates a kennel shall:
2.11.1 Have adequate light, including natural and electric lighting;
2.11.2 Have windows that can be opened for proper ventilation
2.11.3 Have an operational heating, ventilation and air conditioning
(HVAC) system with a working thermostat
2.11.4 Have Hot and cold running water;
2.12
Notwithstanding clause 2.12, the Animal Control Officer may exempt any
operator of a Kennel from any of the clauses in subsections 2.11.1;
2.11.2; 2.11.3 and 2.11.4.
2.13
Every person who owns or operates a kennel shall maintain every run or
pen area in a clean and sanitary condition at all times which shall include
the removal and proper disposal of excrement, refuse and debris a
minimum of twice daily or as often as required.
2.14
Every person who owns or operates a kennel shall ensure every run,
pen, or exercise yard shall be surrounded by a sturdy fence with a
minimum height of 1.52 meters (five feet).
2.15
Every person who owns or operates a breeding kennel shall:
2.15.1
Separate the whelping areas from other areas of the kennel;
2.15.2
Not permit a bitch or queen to be mated if it is less than 18
months old;
2.15.3
Not permit a bitch or queen to have more than two (2) litters per
licensing year;
2.15.4
Maintain and keep breeding and identification records of all
whelping bitches/queens, stud dogs, and resulting litter records.
2.16
Every owner or operator of a boarding kennel shall record and keep:
2.16.1
The names and contact information of the owners of all the
animals boarded at the kennel;
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2.16.2
the name, breed, description, health, dog licence number,
vaccination information and microchip number if available;
2.16.3
daily health record and any behavioral incidents;
2.16.4
cleaning and maintenance logs;
2.16.5
exercise logs for dogs;
2.16.6
the dates of arrival and departure of all animals.
2.17
Every person who owns or operates a kennel shall undertake measures
to ensure that residences on adjacent properties are not subjected to
persistent barking, calling, whining or other persistent Noise making by
the dogs kept at such kennel.
2.18
The applicant shall provide acoustical barriers where necessary, as
determined by the Animal Control Officer. Barriers are to be set out on
the detailed site plan and submitted with the application for the kennel
license and may include, but not limited to solid fence and/or natural
buffer of trees and/or mound of earth.
2.19
Where the Township receives a complaint about noise emissions from a
licensed kennel, an Animal Control Officer shall investigate such
complaints and may at his or her sole discretion initiate a prosecution
with respect to an alleged contravention of Section 2.18.
2.20
Where deemed necessary by the Animal Control Officer to investigate a
noise emission complaint under Section 2.18 the Animal Control Officer
shall hire a sound emissions specialist at the expense of the kennel
owner.
2.21
Where a kennel is found guilty of 3 or more violations of subsection 2.18
in one license term, the Animal Control Officer or Council may order the
Owner or Operator to submit, at its expense, a noise evaluation study
prepared by a qualified acoustical consultant and may suspend the
license to operate a kennel until such time as the Noise evaluation study
has been reviewed and approved by the Township and satisfactory
arrangements for the implementation of any Noise abatement measures
have been made, including the entering into of any agreements and the
posting of any securities required to ensure the completion of any
required noise abatement measures.
By-law No.046-17
Page 6 of 11
2.22
Any application for a new kennel shall be subject to an application being
made for an amendment to the Township Zoning By-law in respect to
applicable zoning for a kennel in conjunction with the application for a
kennel license referred to in Section 2.1.
2.23
No person shall own or operate a kennel except in accordance with the
terms and conditions of the kennel license issued by the Township.
2.24
Notwithstanding Section 2 of this by-law, no person shall own or operate
a kennel within or about any household or building within the Township of
Wellington North save and except persons with licensed kennels legally
established prior to the passing of By-law 49-2000, OR after the passing
of By-law 49-2000 where the kennel was established in compliance with
the provisions of the applicable Zoning By-law and Licensing By-law for
the operation of the kennel within the Township of Wellington North.
2.25
No person shall own or operate a kennel or facility or structure used in
connection with the kennel and established before the passage of this by-
law, located less than 150 metres (492 feet) of any adjacent property
owners habitable building or buildings for the keeping of livestock.
2.26
Every person who owns or operates a kennel who is issued new kennel
license issued after the passage of this by-law shall have no more than a
maximum of 25 dogs in the kennel.
2.27
Every person shall own, manage and/or operate the kennel which is
located on his or her property.
2.28
Every person who owns or operates a kennel shall reside on the property
on which the kennel is located.
2.29
Every person who owns or operates a kennel who has received their
2017 kennel license, shall be subject to the provisions in the amended
by-law and shall be required to meet the requirements in the kennel
application form in 2018 and subsequent years.
2.30
No person may operate a kennel on an upper floor of any building. (By-
law 003-19)
3.
INSPECTION FEES
3.1
Every person who owns or operates a kennel shall pay all inspection fees
at their own expense.
By-law No.046-17
Page 7 of 11
4.
FAILURE TO COMPLY AND COST RECOVERY
4.1
The Township, its agents and servants, and any Animal Control Officer
shall not be liable for damages or compensation for any Dog injured or
killed under the provisions of this By-law and no such damages or
compensation shall be paid to any person.
4.2
Where a person defaults in complying with a direction, requirement or
order under this By-law to do a matter or thing, an officer or agent on
behalf of the Township may, with such assistance from others as may be
required, enter the land on which the contravention occurred at any
reasonable time, and carry out such direction, requirement or order at the
person's expense.
4.3
In accordance with section 446 of the Municipal Act, 2001 the
Municipality may recover the costs, from the person directed, required or
ordered to do a matter or thing under this By-law, by action or by adding
the costs to the tax roll and collecting them in the same manner as
property taxes, and such costs to the tax roll and collecting them in the
same manner as property taxes, and such costs shall include interest at
an annual rate of 15 per cent.
4.4
For the purpose of subsection 3.3, interest shall be calculated for the
period commencing the day the Municipality incurs the costs and ending
on the day the costs including the interest are paid in full.
4.5
The amount the Municipality's costs incurred plus interest to the date
payment is made in full, constitutes a lien upon the land, upon the
registration of a notice of lien upon the land.
5.
PENALTY PROVISIONS
5.1
Every person who contravenes any of the provisions of this By-law is
guilty of an offence pursuant to section 429 of the Municipal Act and all
contraventions of this by-law are designated as continuing offences.
5.2
Every person who is convicted of an offence is liable to a minimum fine of
Two Hundred and Fifty Dollars ($250) and a maximum fine of Twenty-
Five Thousand Dollars ($25,000.00) for the first offence and a maximum
fine of Fifty Thousand Dollars ($50,000.00) for a subsequent offence.
5.3
Notwithstanding section 4.2, every person who is convicted of an offence
is liable to a set fine pursuant to the Provincial Offences Act, R.S.O.
1990, c. P. 33.
By-law No.046-17
Page 8 of 11
5.4
Pursuant to section 441 of the Municipal Act, 2001 if any part of a fine for
a contravention of this by-law remains unpaid after the fine becomes due
and payable under section 66 of the Provincial Offences Act, R.S.O.
1990, c. P. 33, as amended, including any extension of time for payment
ordered under that section, the Municipality may give the person against
whom the fine was imposed a written notice specifying the amount of the
fine payable and the final date on which it is payable, which shall be not
less than twenty one (21) days after the date of the notice.
5.5
If the fine remains unpaid after the final date specified in the notice, the
fine shall be deemed to be unpaid taxes for the purposes of section 351
of the Municipal Act, 2001.
5.6
In accordance with section 441.1 of the Municipal Act, 2001 any part of a
fine owing pursuant to this by-law or a related provincial offence may be
added to the tax roll for any property in the Municipality for which all of
the Owners are responsible for paying the fine, and collect such fine in
the same manner as municipal taxes.
6.
SEVERABILITY
6.1
If any section, subsection, clause, paragraph or provision of this By-law is
found by any Court of competent jurisdiction to be invalid or beyond the
powers of the Council to enact, such section, subsection, clause,
paragraph or provision shall be deemed to be severable from the
remainder of this by-law and all other sections or parts of this By-law shall
be deemed to be separate and independent there from and are enacted
as such.
7.
REPEAL SECTION
7.1
This by-law will come into force and effect upon the passing of this by-law
by Council.
7.2
Notwithstanding section 6.1 the set fines referred in section 4.3 above will
come into force and effect upon the final approval of the set fines
Schedule by the Chief Justice, or designate, of the Ontario Court of
Justice pursuant to Part 1 of the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended. The set fines schedule, as approved, is attached
hereto as Schedule "A" and forms part of this by-law.
READ A FIRST AND SECOND TIME THIS 26th DAY OF JUNE, 2017.
By-law No.046-17
Page 9 of 11
ANDREW LENNOX, MAYOR
KARREN WALLACE, CLERK
READ A THIRD TIME AND FINALLY PASSED THIS 14 DAY OF AUGUST, 2017.
_____________________________________
ANDREW LENNOX, MAYOR
KARREN WALLACE, CLERK
November 2024
Schedule B
Kennel Application Form
Date Received:
Kennel Type
NEW
RENEWAL
Breeding Kennel
$500.00
$250.00
Boarding Kennel
$500.00
$250.00
Personal information on this form is collected under the legal authority of the Municipal Act. The information is
collected and maintained for the purpose of creating a record public pursuant to Section 27 of the Municipal
Freedom of Information and Protection of Privacy Act. Questions about this collection should be directed to the
Clerk's Office. 519-848-3620 ext. 27.
Applicant Information
Full Name
Last
First
MI
Address
Street Name & Number
PO Box
Apt #
City/Town
Postal Code
Home Phone:
Business Phone:
E-mail:
Kennel Name:
Kennel Address:
Required Information for your Application - NEW KENNELS
Kennel Floor Plans
Planning Department Sign off -receipt of Zoning Amendment application
Site Plan Approval
Building Department Approval
November 2024
Required Information For Your Application - RENEWAL AND NEW KENNELS
Completed Application Form
License Fee (cash, cheque, debit)
If this is a Renewal License, have you expanded the operation?
Yes
No
- If yes, please provide details:
Boarding Kennel - Insurance Certificate (minimum limit of $2,000,000)
Breeding Kennel - Proof of Membership
- Canadian Kennel Club
- Other
Police Information Check (dated within 60 days of application)
- On issuance of license then every three years for Owners/Operators
Complete list of all dogs kept on premises stating:
- name, breed, age, and sex
Current veterinary reports for all animals on the premises showing the following:
- that all vaccinations are up to date
- the dogs are in good health; and
- Breeding Kennels - the number of times per year that the dogs were bred
Signature of Applicant
I,
, hereby declare that the above information is correct, that I have
read and understood the provisions contained in By-Law #046-2017, as amended of the Township of
Wellington North as well as the Code of Practice for Canadian Kennel Operations, as amended and
agree to abide by these and any other applicable by-laws and code pertaining to Kennels.
Signature
Date
FOR OFFICE USE: Department Sign Off:
Planning Department
Signature:
Date:
Building Department
Signature:
Date:
Clerk's Department
Signature:
Date:
REMIT TO: Clerk, Township of Wellington North, Box 125, 7490 Sideroad 7 W, Kenilworth ON N0G 2E0