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Document Number: 59304
By-law No. 31-2018
Animal Control By-law
Consolidated Version
Revised and Verified November 11, 2024
Revision History:
Effective Date:
31-2018 (Original)
September 24, 2018
58-2023
September 19, 2023
67-2024
October 22, 2024
Consolidated for Convenience Only
This consolidated copy of a Woolwich Township By-law is for convenient information. While
every effort is made to ensure the accuracy of this copy, the original by-law must be consulted
for all legal interpretations and applications. For more information or to view by-laws please
contact the Clerks Division. This document is available in alternate formats on request.
Document Number: 59304
By-law No. 31-2018
Animal Control By-law
Table of Contents
Part I. Short Title, Purpose and Scope ...................................................... 2
Short Title ............................................................................................ 2
Purpose ................................................................................................ 2
Scope .................................................................................................. 2
Part II. Interpretation .............................................................................. 2
Headings and References ........................................................................ 2
Definitions ............................................................................................ 2
Part III. Control and Licencing of Dogs .................................................... 4
General ................................................................................................ 4
Number of Dogs .................................................................................... 4
Dog Licencing ........................................................................................ 5
Dogs At Large ....................................................................................... 6
Part IV. Dog Designations ........................................................................ 6
Designations ......................................................................................... 6
Dog Designation Appeal Committee .......................................................... 8
Part V. Dog Kennels .................................................................................. 9
Kennel Licencing .................................................................................... 9
Continued Operation ............................................................................ 10
Licence Cancellation ............................................................................. 10
General Kennel Conditions ..................................................................... 10
Outdoor Housing Kennel Conditions ........................................................ 11
Group Housing Kennel Conditions ........................................................... 11
Breeding Kennel Conditions ................................................................... 11
Kennels Over Twenty Dogs .................................................................... 12
Kennel Records and Inspections ............................................................. 13
Part VI. Exotic Pets ................................................................................ 14
Exotic Pet Exemptions .......................................................................... 15
Part VII. Enforcement and Penalty ......................................................... 15
Enforcement ....................................................................................... 15
Order to Discontinue Activity ................................................................. 15
Penalty .............................................................................................. 16
Part VIII. Conflict and Transition ........................................................... 16
Conflict and Terms Severable ................................................................. 16
Repeal ............................................................................................... 16
Enactment .......................................................................................... 16
The Corporation of the Township of Woolwich By-law No. 31-2018 By-law to provide for the
regulation, restriction and prohibition of the keeping of animals in the Township of
Woolwich.
Whereas section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, (the "Municipal Act")
authorizes lower tier municipalities to pass by-laws respecting animals; and
Whereas subsection 8(3) of the Municipal Act provides that the 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 subsection 103(1) of the Municipal Act provides that municipalities may pass by-
laws with respect to the being at large or trespassing of animals and the seizure,
impounding and sale of such at large or trespassing animals within the municipality; and
Whereas section 105 of the Municipal Act provides that if the municipality requires the
muzzling of a dog, it must hold for a hearing for review of the muzzling requirement upon
request and that the request by a dog owner for a hearing does not act as a stay of the
muzzling requirement; and
Whereas section 23.5(2) of the Municipal Act authorizes the municipality to delegate
to a person or body the power or duty to hold a hearing or provide an opportunity to be
heard before the decision is made or the step is taken; and
Whereas the Dog Owners' Liability Act, R.S.O. 1990, c. D.16 provides for Dogs that are
alleged to have bitten or attacked a person or domestic animal or to have behaved in a
manner that poses menace to the safety of persons or domestic animals; and
Whereas subsection 20(7) of the Animals for Research Act, R.S.O. 1990, c, A.22, provides
for the euthanization of Dogs; and
Whereas on May 28, 2013 the Council of The Corporation of the Township of
Woolwich passed By-law 31-2013 known as the Animal Control By-law; and
Whereas the Council of The Corporation of the Township of Woolwich deems it
desirable to pass the subject by-law in place of By-law 31-2013;
Now therefore the Council of The Corporation of the Township of Woolwich hereby
enacts as follows:
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Part I. Short Title, Purpose and Scope
Short Title
1.
This By-law may be cited as the "Animal Control By-law".
Purpose
2.
This by-law has been enacted to regulate the keeping of animals within the
Township of Woolwich to:
a.
protect the health, safety and well-being of persons and animals; and
b.
protect persons, property and animals.
Scope
3.
This by-law shall not apply to:
a.
a public Pound; or
b.
a veterinary hospital or clinic under the care of a Veterinarian; or
c.
a research facility under section 5 of the Animals for Research Act,
R.S.O., 1990, c. A.22.
Part II. Interpretation
Headings and References
4.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and shall not affect interpretation of the by-law.
5.
All references to applicable law are ambulatory and apply as amended from
time to time.
Definitions
6.
For the purposes of this by-law:
"Administrative Monetary Penalty System By-law" means the Administrative
Monetary Penalty System By-law of the Township, as amended from time to
time, or any successor thereof;
"At Large" means a Dog found on any property other than that of the Owner
of the animal, and not under the control of the Owner or a responsible
person except where:
a.
the owner of the property permits the Dog to be on his or her
property;
b.
the Dog is a Service Do or a Dog actively involved in police work; or
c.
the Dog is being lawfully used for hunting.
"Body Length" means 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;
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"Clerk" means the Clerk of the Township or a person designated by him/her
for the purposes of this by-law;
"Council" means the Council of the Township;
"Designated Provision" means any section of this By-law designated in
accordance with section 67.1;
"Dog" means a domesticated canine animal, male or female, over the age of
twelve (12) weeks;
"Dog Designation Appeal Committee" means a Committee appointed by
Council to perform functions and conduct hearings as set out in this by-law;
"Dwelling Unit" means a room or group of rooms occupied or designed to be
occupied for human habitation which provides cooking, sleeping and
sanitation facilities for one or more persons living as an independent and
separate housekeeping establishment and which may include those accessory
uses specifically permitted by the Township's Zoning By-law;
"Fees and Charges By-law" means the current Fees and Charges By-law of
the Township of Woolwich;
"Service Dog" means a Dog that is trained and registered to guide or assist a
person with a disability, provide a therapeutic service or to provide rescue
functions while it is actively providing such assistance or service;
"Harbour" means to give a home or shelter to but shall not include a
birdhouse or bat house, for the purpose of providing shelter to wild birds or
wild bats;
"Kennel" means a place where Dogs are housed, groomed, boarded, bred,
trained, sold or kept and shall include a doggie daycare;
"Mitigating Factor" means a circumstance which may excuse aggressive
behavior of a Dog and without limiting the generality of the foregoing, may
include circumstances where, at the time of the aggressive behavior, the Dog
was:
a.
acting in defense to an attack by a person or domestic animal;
b.
acting in defense of its young or to a person or domestic animal
trespassing on the property of its Owner; or
c.
being teased, provoked or tormented by a person;
"Municipal Law Enforcement Officer" means a person appointed by the
Township under s. 15 of the Police Services Act, R.S.O. 1990, c. P. 15;
"Muzzle" means a device designed to fit over the mouth of a dog to prevent
the dog from biting while allowing the dog to pant, eat and drink through the
muzzle unless the Officer specifies a different type of muzzle;
"New Kennel" means any Kennel operation for which an application for a
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licence is made to the Township after the date of the passing of this by-law;
"Officer" includes a Municipal Law Enforcement Officer, Police Officer, Ontario
Society for the Prevention of Cruelty to Animals (OSPCA) Officer or other
persons appointed by the Township;
"Owner" means any person possessing, harbouring, caring for or having
custody of a Dog within the Township and, where the owner is a minor,
includes the person responsible for the custody of the minor and includes the
person or persons identified in the most recent municipal assessment roll as
the owner of the subject property;
"Pit Bull" means a Dog of any age which has the appearance and physical
characteristics predominantly conforming to the standards for any of the
following breeds, as established by the Canadian Kennel Club or the
American Kennel Club or the United Kennel Club;
"Pound" means the place so designated by Council where animals may be
held under the provisions of this by-law;
"Poundkeeper" means the person or agency designated by the Council;
"Property" means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile
structures, outbuildings, fences and erections thereon, whether heretofore or
hereafter erected and includes vacant property;
"Township" means The Corporation of the Township of Woolwich;
"Veterinarian" means a veterinarian registered under the Veterinarians Act
R.S.O. 1990, c. V. 3; and
"Zoning By-law" means the comprehensive Zoning By-law of the Township.
Part III. Control and Licencing of Dogs
General
7.
No owner shall allow their Dog to attack or bite a person or domestic animal.
8.
Every owner of a Dog shall immediately remove excrement left by the Dog
on property not owned by the owner of the Dog and dispose of it in a
hygienic manner.
Number of Dogs
9.
No person, being an owner, tenant or occupant of a property, shall keep,
own or harbour, or permit to be kept, owned or harboured, more than three
(3) Dogs per dwelling unit. The provisions of this section do not apply to:
a.
a pet store;
b.
Dogs under 12 weeks of age; or
c.
a Kennel with a valid licence issued under this by-law.
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Dog Licencing
10.
Every Owner of a Dog, shall licence and register such Dog with the
Township for the fee set out in the Fees and Charges By-law each year or
within 21 days of becoming the Owner of the Dog.
11.
The Dog licence fee shall be waived for a Service Dog, upon providing proof
that the Dog has been trained and certified as such.
12.
No person shall provide false or misleading information on a Dog licence
application, including attempting to licence an unspayed female Dog as a
spayed female Dog or an unneutered male as a neutered male Dog.
13.
If requested by the Township, within 48 hours of licencing a Dog every
Owner of a Dog shall produce:
a.
a certificate from a Veterinarian surgeon that shows the Dog has been
spayed or neutered as the case may be;
b.
appropriate documents showing proof of breed for the Dog; and/or
c.
appropriate documents showing proof of rabies vaccination or proof of
rabies antibodies unless the Dog has a physical condition that
precludes the safe immunization or reimmunization of the Dog against
rabies where:
i.
a statement issued by a Veterinarian is filed outlining the reason
why the Dog cannot be immunized or reimmunized; and
ii.
the Dog is controlled in such a manner as to preclude its being
exposed to rabies.
14.
Upon licencing a Dog, the Township shall:
a.
supply the Owner with a Dog tag which bears the serial number and
the year in which it was issued and which expires on the 31st day of
December in the year it was issued; and
b.
keep a record showing the name and address of the Owner, the serial
number of the tag, and copies of any documents produced showing
proof of rabies vaccination and proof of breed.
15.
Every Owner shall keep the tag securely fixed on the Dog at all times that
the Dog is off of the property of the Owner, until the tag is renewed or
replaced.
16.
No person shall remove the tag from a licenced Dog that is off the property
of the Owner, except while the Dog is being lawfully used for hunting.
17.
If a Dog tag is lost, the Owner shall apply for a replacement Dog tag and
shall pay the fee for the replacement of a Dog tag as set out in the Fees and
Charges By-law.
18.
No licence or Dog tag shall be transferable and shall expire and become void
upon the sale, death or other removal of the Dog.
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Dogs At Large
19.
No Owner shall allow a Dog to run At Large within the limits of the Township.
20.
Any Dog found running at large contrary to this by-law may be seized by:
a.
any person, where the Dog is running At Large on their property or on
public property, and delivered to an Officer; or
b.
an Officer, and held in the Pound or returned to the Owner of the Dog,
if known.
21.
The Owner of a Dog which has been impounded is liable to the Pound for all
fees set by the Poundkeeper or as set out in the Fees and Charges By-law,
whether or not the Dog is claimed from the Pound by the Owner.
22.
The Pound may refuse to release a Dog to the Owner until any impounding
fees are paid or may sell the Dog and keep the proceeds from the sale.
23.
Where an injured Dog found At Large requires the immediate services of a
Veterinarian or should be destroyed without delay for humane reasons the
Officer may deliver the injured Dog to a Veterinarian as soon the Officer
believes necessary for care or to be euthanized, and:
a.
if the Owner of the Dog is known, the Officer shall notify the Owner
and the Owner shall be responsible for any and all costs or charges
associated with the services provided by the Veterinarian and the
Township shall not be responsible for any related costs or damages, or
b.
if the Owner of the Dog cannot be determined, the Township shall not
be responsible for any related costs or damages.
Part IV. Dog Designations
Designations
24.
An Officer may issue an order designating a Dog as:
a.
a Dangerous Dog where, in the opinion of the Officer and in the
absence of any Mitigating Factor, there is sufficient evidence that:
i.
the Dog has attacked, bitten, or caused injury to a person or
has demonstrated a propensity, tendency or disposition to do
so; or
ii.
the Dog has injured a domestic animal; or
b.
a Potentially Dangerous Dog where, in the opinion of the Officer and in
the absence of any Mitigating Factor, there is sufficient evidence that:
i.
the Dog chases or approaches any person or domestic animal in
a menacing fashion or apparent attitude of attack including, but
not limited to, behavior such as growling or snarling; or
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ii.
the Dog has been impounded or the Dog's Owner has been fined
for the Dog being at large in the Township on three or more
occasions.
25.
An Order designating a Dog as a Dangerous Dog or a Potentially Dangerous
Dog may contain any of the following requirements to the satisfaction of the
Officer:
a.
muzzling the Dog when the Dog is not confined to the Owner's
property by means of an enclosure, fence or leash;
b.
confining the Dog to its Owner's property by means of an enclosure,
fence or leash;
c.
restraining the Dog by means of a leash under effective control of an
adult person;
d.
implanting a microchip in the Dog for the purposes of identifying the
Dog;
e.
posting warning signs on the Dog Owner's property; and
f.
any other requirement the Officer believes necessary to protect the
health, safety or well-being of a person or animal.
26.
An Order designating a Dog as a Dangerous Dog or a Potentially Dangerous
Dog shall:
a.
be issued to the Dog's Owner by hand delivery or prepaid registered
mail to the Owner's last known address and, in the event of service by
mail, shall be deemed received on the fifth working day after the date
of mailing; and
b.
include the following information:
i.
a statement that the Officer has reason to believe that the Dog
is a Dangerous Dog or Potentially Dangerous Dog, as the case
may be;
ii.
the requirements that the Owner of the Dog must comply with
and when such requirements take effect; and
iii.
notice that the Owner of the Dog is entitled to an appeal before
the Dog Designation Appeal Committee by making a request for
appeal in writing within thirty (30) calendar days of receipt of
the Officer's Order.
27.
The Owner of a Dog shall, at all times, comply with all provisions of an order
designating a Dog as a Dangerous Dog or a Potentially Dangerous Dog.
28.
The Owner of a Dog shall notify the Officer if the dog has been relocated
during the course of the investigation. For clarity, failing to do so shall be
considered a hinderance or obstruction of the investigation.
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29.
An order designating a Dog as a Dangerous Dog or a Potentially Dangerous
Dog shall remain in effect until:
a.
the death of the Dog; or
b.
the order is amended or rescinded by the Dog Designation Appeal
Committee.
Dog Designation Appeal Committee
30.
The Dog Designation Appeal Committee is established and Council delegates
its duty set out in subsection 23.5(2) of the Municipal Act to conduct
hearings related to Dog designations under this by-law to the Dog
Designation Appeal Committee.
31.
The Owner of a Dog who received an Order from the Officer designating the
Dog as a Dangerous Dog or Potentially Dangerous Dog, may request a
hearing by making a request in writing to the Clerk within thirty (30)
calendar days of receipt of such notice.
32.
For clarity, the designation of the Dog and all requirements set out in an
Order remain in effect during the appeal process until amended or rescinded
by the Dog Designation Appeal Committee.
33.
The Dog Designation Appeal Committee shall hold a hearing which is open to
the public within forty-five (45) days of the Clerk's receipt of the request for
a hearing, following the procedures set out in the Statutory Powers
Procedure Act, R.S.O. 1990, c. S.22, and any other rules governing the
practice and procedures established by Council.
34.
Notice of a Dog Designation Appeal Committee hearing shall be sent to:
a.
the person who made the appeal; and
b.
any person who submitted a complaint that resulted in the order
designating the Dog as Dangerous Dog or Potentially Dangerous Dog.
35.
On hearing an appeal, the Dog Designation Appeal Committee may:
a.
confirm or rescind the designation of the Dog;
b.
substitute its own designation of the Dog as Dangerous Dog or
Potentially Dangerous Dog;
c.
substitute its own requirements of the Owner or Dog, including
requirements the Dog Designation Appeal Committee may tailor to the
specific circumstances before it; and/or
d.
allow for the dog owner to apply to the Committee for a review of the
requirements of the Order at a later date which is not longer than two
(2) years after the Committee hears their appeal.
36.
Any decision of the Dog Designation Appeal Committee is final at the time
the decision is rendered or by a date set by the committee.
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37.
Where a person has requested a hearing and does not appear at the
appointed time, the Dog Designation Appeal Committee may dismiss the
hearing as abandoned or may, where it has cause to believe it would be
beneficial to adjourn the hearing, do so to allow the Owner an opportunity to
be present.
38.
If the hearing is dismissed as abandoned by the Dog Designation Appeal
Committee, the designation and requirements set out by the Officer in the
Order shall be considered confirmed by the Committee.
Part V. Dog Kennels
Kennel Licencing
39.
No person shall operate or continue operating a Kennel in the Township
without a valid Kennel licence issued under this by-law.
40.
Every owner or operator of a Kennel shall:
a.
renew their Kennel licence annually for the fee as set out in the Fees
and Charges By-law;
b.
reside on the property on which the Kennel is located; and
c.
install and maintain a fence a minimum height of five (5) feet, around
every pen, run or exercise yard and, if required by the Township, the
fence shall be constructed to prevent visibility from the exterior and to
provide acoustical barriers.
41.
Applications for a new Kennel licence shall:
a.
be made in the form provided by the Township with the fee as set out
in the Fees and Charges By-law
b.
include a detailed site plan; and
c.
be subject to a circulation of 250 metres from the property boundary
prior to a decision by Council as to if a licence shall be granted.
42.
No person shall own or operate a kennel, including the run, pen or exercise
yard, contrary to "Zone A: Agricultural" provisions of the Township's Zoning
By-law.
43.
No Kennel shall be located within sixty (60) metres of any road allowance or
any adjacent habitable building or building used for the keeping of livestock
excluding buildings of the owner of the property on which the Kennel is
located, unless Council, at their discretion, resolves to decrease or increase
this distance on a case-by-case basis.
44.
A Kennel licence shall not be issued for more than fifty (50) Dogs or less than
four (4) Dogs.
45.
A Kennel licence shall be valid for a one (1) year period.
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Continued Operation
46.
An owner or operator of a Kennel housing more than fifty (50) dogs before
the passage of this by-law shall be exempt from section 44 of this by-law and
permitted to continue to keep the maximum number of Dogs authorized by
Council in an earlier Kennel approval as long as the owner or operator
continues to maintain a valid Kennel licence and pay the fee set out in the
Fees and Charges By-law.
Licence Cancellation
47.
After having given notice in writing by personal service or registered mail to
the owner of the Kennel, Council may, at their discretion, cancel a Kennel
licence when it is of Council's opinion that the continued operation of the
Kennel is not in the best interest of the Township, including such for reasons
as noise, sanitation, care of Dogs, or uses other than permitted by the
Kennel licence, as determined by the Township.
General Kennel Conditions
48.
Every person who owns or operates a Kennel shall construct and maintain
the Kennel facilities in accordance with the following standards to the
satisfaction of the Officer:
a.
no animal shall be kept in unsanitary conditions including an
accumulation of feces, odour, insect or rodent infestations;
b.
the Kennel building and outdoor runs shall have floors and walls made
of concrete or other impermeable material (including rigid plastic) and,
for clarity, wire floors shall not be permitted;
c.
the floor of the Kennel building and outdoor runs shall be drained
within five (5) minutes after water is present;
d.
any New Kennel structure is required to install a self-drain with a
maximum five (5) minute drain time;
e.
the yards and runways associated with Kennel operations shall have
adequate shelter and protection from the elements;
f.
every Kennel shall be properly equipped with accessible fresh water
and adequate feed both in clean, properly sized containers to maintain
animals in a healthy condition;
g.
every Kennel shall be provided with adequate natural or artificial light,
proper ventilation and sufficient heat to maintain healthy conditions
specific to the breed of Dog being housed; and
h.
every Kennel shall be constructed to provide the following pen
minimum space per Dog or sufficient room to permit the animal
confined therein to stand normally to its full height, turn around easily
and lie down in a fully extended position, whichever is greatest:
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i.
Up to 12 kgs
1.0 square metre per Dog
ii.
12-30 kgs
2.0 square metres per Dog
iii.
30-50 kgs
2.5 square metres per Dog
iv.
Over 50 kgs
3.0 square metres per Dog
49.
Any of the Kennel conditions set out in section 48 of this by-law that are not
in the best interest of the breed of Dog being housed in a Kennel may be
granted a partial exemption from certain conditions at Council's discretion
based on information provided by the owner of the Kennel.
Outdoor Housing Kennel Conditions
50.
In addition to any other applicable Kennel conditions set out in this by-law,
every person who owns or operates a Kennel where Dogs are kept in outdoor
housing shall maintain the following standards for the outdoor kennel to the
satisfaction of the Officer:
a.
ensure the breed of Dog is properly acclimatized to seasonal and
regional temperatures;
b.
house aged, young, or infirmed Dogs indoors;
c.
provide shelter and protection from cold and heat including protection
from the elements; and
d.
provide an insulated enclosed area with dry bedding.
Group Housing Kennel Conditions
51.
In addition to any other Kennel conditions set out in this by-law, every
person who owns or operates a Kennel where Dogs are kept in group housing
shall maintain the following standards for the group housing kennel to the
satisfaction of the Officer:
a.
house any animal exhibiting vicious behaviour or aggression
separately;
b.
house a Dog under treatment for a communicable disease or
suspected of harboring a communicable disease separately; and
c.
isolate newly acquired Dogs before full integration into group housing.
Breeding Kennel Conditions
52.
In addition to any other Kennel conditions set out in this by-law, every
person who owns or operates a Breeding Kennel shall maintain the following
standards for the Breeding Kennel to the satisfaction of the Officer:
a.
the whelping bitch is kept in separate accommodation from the
balance of the Dogs in the Kennel with an area 2 ½ times the Body
Length of the whelping bitch;
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b.
a separate outdoor run is provided for the whelping bitch to prevent
the transfer of diseases from other adult Dogs to the puppies;
c.
a whelping box is constructed with four sides and a floor made from
impermeable material;
d.
adequate supplemental heat is provided in winter conditions;
e.
a designated space is provided for individual socialization between the
puppies and humans away from both visual and physical contact with
littermates and other Dogs; and
f.
adequately shaded, open air runs are properly fenced to maintain
control of the Dogs with adequate space to accommodate the breed of
Dog being housed.
Kennels Over Twenty Dogs
53.
No Kennel housing over twenty (20) Dogs shall be located within one
hundred and fifty (150) metres of any road allowance or any adjacent
habitable building or building used for the keeping of livestock excluding
buildings of the owner of the property on which the Kennel is located, unless
Council, at their discretion, resolves to decrease or increase this distance on
a case-by-case basis.
54.
Unless otherwise authorized by Council, every Kennel owner or operator who
makes an application for a Kennel licence of over thirty-five (35) Dogs shall:
a.
submit an acoustical study after their application is approved by
Council and before construction of the Kennel; and
b.
after the Kennel has been built, conduct a follow up to the first
acoustical study by a qualified acoustical consultant at a time
determined by the Officer to ensure that all measures are taken to
control the noise and disturbance to surrounding properties.
55.
In addition to any other the Kennel conditions set out in this by-law, Council
may impose additional conditions on a Kennel licence of over thirty-five (35)
Dogs, including:
a.
approval from the Regional Health Unit for the installation of any septic
system to handle Dog waste;
b.
a storm water management plan approved by the Township's Director
of Planning and Engineering Services;
c.
a restriction on the time that the outdoor runs may be open;
d.
a restriction on how many Dogs are in the outdoor runs or exercise
yards at one time to reduce possible noise issues;
e.
a barrier preventing the Dogs from seeing motorists or persons
traveling along any roads/walkways/trails, etc;
f.
any ventilation or other air connections from the Kennel to the outside
shall be oriented and treated acoustically to comply with the Ministry
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of Environment guidelines;
g.
additional evaluations by a qualified acoustical consultant after the
Kennel has been operating;
h.
an increased distance separation from any adjacent habitable building
excluding buildings of the owner of the property on which the Kennel is
located; or,
i.
any other condition that Council deems appropriate for the Kennel.
Kennel Records and Inspections
56.
Every person who operates a Kennel shall create, maintain and allow an
Officer to inspect records of the following information, within 48 hours of a
request:
a.
the names and addresses of the Owners of all Dogs cared for at the
Kennel;
b.
the dates of arrivals and departures of individual Dogs from the
Kennel;
c.
breeding and identification records of all whelping bitches and stud
Dogs and the resulting litters;
d.
the names, addresses and phone numbers of the purchasers of every
puppy. Prior to purchase, the purchasers of individual puppies must
provide proof of identification to the seller. Acceptable forms of
identification include any government issued, photo ID; and,
e.
Veterinarian records on individual Dogs maintained in the Kennel. Any
new breeding adult Dog which comes into the Kennel must be
accompanied by a Veterinarian certificate of health. Any puppy or
adult Dog, prior to sale, must be accompanied by a Veterinarian
certificate of health to the purchaser.
57.
Every person who holds a Kennel licence or the owner/operator of the Kennel
shall:
a.
keep the licence posted up in a conspicuous place on the premises and
shall, when so requested by any person authorized by the Township,
produce such licence for inspection; and
b.
allow, at all reasonable hours, inspection by an Officer, any person
trained in the area of disease control and sanitation as may be
appointed by Council, or any other person authorized to do so under
any Provincial or Federal Legislation.
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By-law No. 31-2018
Document Number: 59304
Part VI. Exotic Pets
58.
No person shall own, harbour, possess, keep, sell or offer for sale any exotic
animal listed below as a pet or for any other purpose or for any period of
time:
a.
all Canids, except the domestic Dog;
b.
all Felids, except the domestic cat;
c.
all non-human Primates, except a service monkey assisting a person
with a disability;
d.
all Viverrids (such as Mongooses, Civets and Genents);
e.
all Marsupials (such as Kangaroos and Opossums);
f.
all Mustelids (such as Skunks, Weasels, Otters, Badgers) except for
ferrets, minks;
g.
all Ursids (Bears);
h.
all Ungulates, except the domestic horse, ass, goat, sheep, pig, cattle,
buffalo, bison and red deer;
i.
all Procyonids (such as Raccoons, Coatis, and Cacomistles);
j.
all Hyaenids (Hyaenas);
k.
all Elephantids (Elephants);
l.
all Pinnipeds (such as Seals, Fur Seals, and Walruses);
m.
all snakes that will grow to an adult length of more than 2 metres;
n.
all venomous reptiles and amphibians;
o.
all raptors (such as eagles, hawks, owls and falcons);
p.
all edentates (such as anteaters, sloths and armadillos);
q.
all chiroptera (bats);
r.
all Crocodilians (such as Alligators, Crocodiles, and Cayman);
s.
all Venomous Arachnids (such as Spiders, Scorpians, and Tarantulas);
t.
all Tortoises; and,
u.
all Cetaceans (such as dolphins, whales and sharks).
Examples of animals given in parentheses for a particular prohibited group
listed above shall not be construed as limiting the generality of the group.
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By-law No. 31-2018
Document Number: 59304
Exotic Pet Exemptions
59.
Section 59 of this by-law shall not apply to:
a.
government agencies, or
b.
an Elementary or Secondary School as defined under the Education
Act, where such animals are being kept or are made available for
research, study or teaching purposes by:
i.
Organizations accredited by the Canada's Accredited Zoos and
Aquariums; or
ii.
personnel from Veterinary Clinics.
60.
Any person may apply to Council in writing, at least 30 business days prior to
the public meeting at which the exemption request will be considered by
Council, for an exemption to own, harbour, possess, keep, sell or offer for
sale any animal listed in section 58 of this by-law.
61.
A record of exemptions approved by Council shall be kept by the Clerk.
Part VII. Enforcement and Penalty
Enforcement
62.
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.
63.
An Officer may enter on land at any reasonable time to carry out an
inspection to determine if an Order, a Work Order, a condition or any
provision of this by-law is being complied with.
Order to Comply or Discontinue Activity
64.
Where an Officer is satisfied that a contravention of this by-law has occurred,
the Officer may make an order requiring the person who contravened the by-
law or who caused or permitted the contravention to comply with this by-law,
to do work to correct the contravention or to discontinue the contravening
activity.
65.
An order under section 65 shall set out:
a.
reasonable particulars of the contravention adequate to identify the
contravention; and
b.
the work to be done or activity to be discontinued; and
c.
the date by which there must be compliance with the Order.
66.
Any person who fails to comply with an order issued in section 65 is guilty of
an offence.
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By-law No. 31-2018
Document Number: 59304
Penalty
67.
Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction is liable to a fine as provided for in the Provincial
Offences Act R.S.O. 1990, c. P. 33.
67.1 Sections 7, 8, 9, 10, 12, 13, 16, 17, 19, 28, 39, 40, 42, 48, 50, 51,
52, 54, 56, 57, 58, 62 and 66, inclusive of all subsections thereunder, of
this By-law are hereby designated as parts of this By-law to which the
Administrative Monetary Pentalty System By-law applies. (added by By-
law 67-2024)
67.1 Any person shall, upon issuance of a penalty notice for a
contravention of this By-law, in accordance with the Administrative
Monetary Penalty System By-law, be liable to pay an administrative
penalty and any administrative fees, in accordance with the Administrative
Monetary Penalty System By-law. (added by By-law 67-2024)
67.3 All the provisions of this by-law continue to apply in the Provincial
Offences Act in addition to the Designated Provisions of this by-law.
67.4 Where a person has not paid the administrative penalty within 30
days in accordance with the Administrative Monetary Penalty System By-
law, the Township may add the administrative penalty to the tax roll for
any property for which the owner or owners are responsible for paying the
administrative penalty under Section 67.2. (added by By-law 67-2024)
Part VIII. Conflict and Transition
Conflict and Terms Severable
68.
In the event the provisions of this by-law are inconsistent with the provisions
of the Municipal Act, its Regulations or any other Act, the provisions of the
Act or Regulation shall prevail, except as set out in the Dog Owners Liability
Act.
69.
The terms and provisions of this by-law shall be severable and should any
term or provision be found by a court of competent jurisdiction to be legally
unenforceable, in operative or invalid, the remainder of the by-law shall
continue to be in full force and effect.
Repeal
70.
By-law No. 31-2013 is repealed.
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By-law No. 31-2018
Document Number: 59304
Enactment
71.
This by-law shall come into full force and effect upon approval of set fine
amounts from the Regional Senior Justice.
PASSED this 1st day of May, 2018.
Signature on file
Mayor
Signature on file
Clerk