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2005-119 To regulate, license and control animals within the Township of Oro-Medonte and to Repeal By-law 2002-076 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-119 "Animal Control By-law" A By-law to regulate, license and control animals within the Township of Oro-Medonte and to Repeal By-law No. 2002-076 WHEREAS the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, L.24, the Animals for Research Act, R.S.O. 1990, c. A.22, the Pounds Act, R.S.O. c. P.17, the Dog Owners' Liability Act, R.S.O. 1990, c. 0.16, the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, contain provisions enabling municipalities to pass By-laws; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, defines spheres of jurisdiction under which a municipality may pass by-laws; AND WHEREAS the spheres of jurisdiction include animals; AND WHEREAS Section 103 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that if a municipality passes a by-law regulating or prohibiting with respect to the being at large or trespassing of animals, the municipality may specify procedures and penalties; AND WHEREAS Section 150 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to license, regulate and govern any business carried on within the municipality for the purpose of Health and Safety; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems is advisable to provide for the licensing, regulating and controlling of dogs and to provide for the removal of dog excrement on public or private property within the Township of Oro~Medonte; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems is advisable to regulate and license establishments for the breeding and/or boarding of dogs,within the corporate limits of the Township of Oro-Medonte; ANDWHEREASthe Council of The Corporation of the Township of Oro-Medonte deems is advisable to provide for the regulating and prohibiting the keeping of pigeons within the Township of Oro-Medonte; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems is advisable to exercise the authority to regulate and prohibit the keeping of animals; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1.0 TITLE: This by-law may be referred to as "The Animal Control By-law". 2.0 DEFINITIONS: 2.1 "Animal" means any member of the animal kingdom of living beings, excluding humans, without limitation. "Animal" shall include mammals, birds and reptiles. 2.2 "Animal Control Officer" includes the persons or Association who has entered into a Contract with The Corporation of the Township of Oro- Medonte to control animals. This includes any employee appointed by the Corporation. 2.3 "Boarding" shall mean the taking in of dogs for a period of time for capital gains. 2.4 "Breeding" shall mean the generating of offspring resulting in pure-bred dogs. 2.5 "Council" means the elected Council of The Corporation of the Township of Oro-Medonte. 2.6 "Dog" shall mean a male or female canine, over the age of twelve (12) weeks. 2.7 "Dog Tag" means a marking device issued by The Corporation of the Township of Oro-Medonte, or its authorized agent. 2.8 "Kennel" means any premises where dogs are boarded or are kept for the purposes of breeding. 2.9 "License" shall mean a certificate issued by the Township of Oro-Medonte upon compliance to this by-law permitting an owner to operate a Kennel. 2.10 "Livestock" means animals or poultry, designated as livestock and includes cattle, fur-bearing animals, goats, horses, rabbits, sheep, swine, fowl, ox. 2.11 "Municipality" means The Corporation of the Township of Oro-Medonte. 2.12 "ONT. SPCA" shall mean the Ontario Society for the Prevention of Cruelty to Animals or any local branch of the Ontario Humane Society. 2.13 "Owner" includes an assessed owner, tenant, occupant or any person having an interest whether equitable or legal in the land. 2.14 "Planner" shall mean the official or employee of the Township charged with the duty of administering the provisions of the Zoning By-laws. 2.15 "Police Officer" means a police officer as defined by the Police Services Act. 2.16 "Prohibited animal" shall mean birds or reptiles. 2.17 "Pure-bred" shall mean any dog that is registered or eligible for registration with an association incorporated under the Animal Pedigree Act (Canada). 2.18 "Township" shall mean The Corporation of the Township of Oro-Medonte. 2.19 "Under Control" shall mean that when an animal is not on the property where it is usually kept, the animal must be leased or chained, and must be held securely by the person accompanying the animal and that person must be physically able to control the animal. 3.0 APPENDICES: 3.1 Appendix A: Licensing, regulating and controlling dogs. 3.2 Appendix B: Regulating and licensing of kennels for breeding and boarding dogs. 3.3 Appendix C: Regulating and prohibiting the keeping of pigeons. 3.4 Appendix 0: Regulating and prohibiting the keeping of animals. 4.0 SCHEDULES: 4.1 Schedule A: Licensing Fees 4.2 Schedule B: Application for Kennel License 5.0 OFFENCES: 5.1 Every person who contravenes any Provision of this By-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33, and every such fine is recoverable under the Provincial Offences Act. 5.2 The conviction of an offender upon the breach of any provisions of this By- law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provisions of the Municipal Act, 2001, S.O. 2001, c.25, Section 442, as amended from time to time, shall further apply to any continued or repeated breach of this By- law. 5.3 If any court of competent jurisdiction finds that any of the provisions of this By-law are ultra vires the jurisdiction of Council, or are invalid for a reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By-law which shall remain in full force and effect. This By-law shall be enforced by the By-law Enforcement Department and/or its Agents. NOTE: Any person may appear before a Justice of the Peace and swear an information charging the owner of an animal with a breach of this by-law. 6.0 REPEAL: 6.1 That By-law No. 2002-076 is hereby repealed in its entirety. 7.0 ENACTMENT: 7.1 That Appendices "A", "B", "C" and "0", and Schedules "A" and "B: attached hereto shall form part of this By-law; 7.2 That this by-law shall expire 60 months after final passing. 7.3 This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 21sT DAY OF DECEMBER, 2005. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21sT DAY OF DECEMBER, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Appendix "A" to By-law No. 2005-119 for The Corporation of the Township of Oro-Medonte LICENSING, REGULATING AND CONTROLLING DOGS 1.0 Every owner of a dog or dogs shall, on or before the 1st day of March in each and every year, or upon becoming the owner of a dog or dogs, register such a dog with The Corporation of the Township of Oro-Medonte and procure a licensing dog tag for each dog owned. 2.0 Every dog tag shall bear the serial number and the year in which it was issued and a record shall be retained by the Township of Oro-Medonte, for the period of time as specified in the Township's Records Retention By-law, showing the name and address of the owner and the serial number of the tag. 3.0 The owner shall keep the dog tag securely fixed on the dog at all times and such tag is non-transferable and shall expire and become void upon the sale, death or other means of disposal or transfer of the dog so registered and licensed. 4.0 The fee charged for the replacement of a lost dog tag shall be as provided for in Schedule "A" of this by-law. 4.1 Every dog tag issued pursuant to this by-law shall expire on the last day of February, following the year in respect of which it was issued and the license fee paid to The Corporation of the Township of Oro-Medonte at the time of issuing of the dog tab shall be as provided for in Schedule "A" of this by-law. 4.2 No person or persons shall keep a dog or dogs in a single dwelling unit unless each dog has a dog tag issued pursuant to Appendix "A" of this by- law. 4.3 No person shall, nor shall anyone household own, possess, or harbour, or board, or license more than two (2) dogs unless the person or household holds a valid kennel license issued pursuant to Appendix "B" of this by- law. 5.0 No owner of a dog shall allow the dog to run at large within the limits of the Municipality of the Township of Oro-Medonte. 5.1 For purposes of this section, a dog shall be deemed to be running at large when found elsewhere other than on the property of the owner and not under control of a competent and responsible person. 6.0 No owner of a dog shall allow the dog to howl or bark excessively or otherwise become a nuisance. 7.0 SEIZURE AND IMPOUNDMENT 7.1 Subject to Section 5 of Appendix "A" of this by-law, a Police Officer or an Animal Control Officer may: 7.1.1 Seize and impound any dog found running at large; and 7.1.2 Restore possession of the dog to the owner thereof, where: 7.1.2.1 The owner claims possession of the dog within five (5) days (exclusive of statutory holidays and Sundays) after the date of seizure; and 7.1.2.2 The owner pays to the Police Officer or Animal Control Officer a pound fee as provided for in Schedule "A" of this by-law for a dog seized and impounded, plus any costs of the poundkeeper chargeable to The Corporation of the Township of Oro- Medonte. This fee shall increase as provided for in Schedule "A" of this by-law, for each additional occurrence within a calendar year. 7.1.2.3 No dog shall be returned to the owner unless it has been licensed in accordance with the provisions of this by-law and any purchaser of a dog without a dog tag shall obtain a dog tag for the current year before delivery is made. 7.2 Where a dog is impounded, the owner, if know, and whether the dog is claimed from the pound or not, shall be liable for the pound and maintenance fees granted by the ONT. SPCA, and shall pay all fees on demand to the Animal Control Officer. 7.3 Where, at the end of the said five (5) days, possession of the dog has not been restored to the owner under Sub-section 7.1 of Appendix "A" of this by-law, the Animal Control Officer may sell the dog for such price as he/she deems reasonable. 7.4 Where the owner of a dog has not claimed the dog within five (5) days after its seizure under Sub-section 7.1 of Appendix "A" of this by-law, and the dog has not been sold, the Animal Control Officer may kill the dog in a humane manner or otherwise dispose of the dog as he/she sees fit and no damages or compensation shall be recovered on account of its killing or other disposition. 7.5 Where a dog seized under Sub-section 7.1 of Appendix "A" of this by-law, is injured or should be destroyed without delay for humane reasons of safety to persons or animals, the Police Officer or Animal Control Officer may kill the dog in a humane manner as soon after seizure as he/she sees fit without permitting any person to reclaim the dog or without offering it for sale and no damages or compensation shall be recovered on account of its killing. 8.0 Every person who owns, controls or harbours a dog shall immediately remove any excrement left by such dog on public or private lands within the Township of Oro-Medonte, and shall dispose of such excrement in a sanitary manner. 9.0 Notwithstanding Section 5 of Appendix "A" of this by-law, proof that the owner is either a blind person or an otherwise physically disabled person shall constitute a defense to the prosecution of such an offence. Appendix "B" to By-law No. 2005-119 for The Corporation of the Township of Oro-Medonte REGULATING AND LICENSING OF KENNELS FOR BREEDING AND BOARDING DOGS 1.0 KENNEL LICENSING 1.1 No person shall own, operate, manage, control, supervise, or have on any property any kennel unless a license has been issued for such kennel by the Township of Oro-Medonte. 1.2 Only the owner of the property upon which the kennel is proposed to be located may apply for and receive a kennel license. 1.3 Every owner who applies for a license shall do so on the form prescribed by this by-law as Schedule "B" of this by-law. 1.4 Every owner applying for a license for breeding purposes shall submit the following documentation: 1.4.1 Copy of active membership in the Canadian Kennel Club or any other Association incorporated under the Animal Pedigree Act (Canada); 1.4.2 A written, up-to-date approval from the ONT. SPCA with any costs involved borne by the applicant; to ensure compliance with this by- law; 1.4.3 Verification of current rabies vaccination or written verification by a veterinarian of satisfactory rabies protection for all dogs kept or to be kept at the subject kennel for breeding purposes. 1.5 Every applicant for a kennel license for boarding purposes shall submit the following documentation: 1.5.1 A written, up-to-date approval from the ONT. SPCA with any cost involved borne by the applicant; to ensure compliance with this by- law; 1.6 Every application for a license shall be approved by the Planner for the Township, in accordance with the Township of Oro-Medonte Zoning By- law and the Site Plan Control By-law. 1.7 All applications for a license and renewal of a license require an inspection, by the Township of Oro-Medonte's By-law Enforcement Department or designate, to ensure compliance with all applicable legislative requirements. 1.8 Prior to the issuance of a license, the applicant shall pay a fee as provided for in Schedule "A" of this by-law. 1.9 No person shall be granted a license if such person has been convicted of an offence pertaining to animal cruelty, under the Criminal Code of Canada. 1.10 Any owner issued a license pursuant to this by-law shall apply to the Township of Oro-Medonte to obtain approval for proposed changes to the information contained within Schedule "B" and Section 1.6 of Appendix "B" of this by-law. 1.11 Every license issued pursuant to this by-law shall expire on the last day of February in the year succeeding the date of issue, and every application for renewal of a license shall be finalized on or before the same date. 1.12 In the event that the owner fails to renew a license issued pursuant to this by-law before the expiry date, the owner shall make application for a new license. 1.13 A license issued pursuant to this by-law is non-transferrable. 2.0 MAXIMUM NUMBER OF DOGS 2.1 The maximum number of dogs permitted in anyone kennel for which a Breeding Kennel License has been issued shall not exceed 25 dogs. 2.2 The maximum number of dogs permitted in anyone kennel for which a Boarding Kennel License has been issued shall not exceed 50 dogs. 2.3 The maximum number of dogs permitted in anyone kennel for which a Breeding and Boarding Kennel License has been issued shall not exceed 50 dogs. 3.0 CONFINEMENT OF DOGS 3.1 All dogs shall be confined inside the kennel structure during the hours of 11 :00 p.m. to 7:00 a.m. 4.0 REVOCATION OF LICENSE 4.1 Any kennel license application which fails to meet the minimum requirements prescribed herein, shall be refused for reasons of non- compliance with the provisions of this by-law. In the event that a license is refused, the owner has the right to a hearing under the Statutory Powers Procedures Act, R.S.O. 1990, c. S.22, as amended. 4.2 Any license issued under the provisions of this by-law may be revoked prior to expiration for any breach of the provisions of this by-law, in which case the owner shall have the right to a hearing under the Statutory Powers Procedures Act, R.S.O. 1990, c. S.22, as amended. Appendix "C" to By-law No. 2005-119 for The Corporation of the Township of Oro-Medonte REGULATING AND PROHIBITING THE KEEPING OF PIGEONS 1.0 No personal shall keep or have any pigeons or racing pigeons unless such use conforms with the zoning regulations and subject to Appendix "C" of this by-law. 2.0 Persons may be permitted to keep or have registered racing pigeons, subject to the following conditions: 2.1 The owner shall be a member of a pigeon racing club within the Canadian Racing Pigeon Union. 2.2 An owner must be a member in good standing of a pigeon racing club. 2.3 Racing pigeons shall have a seamless identity band registered to each owner. 2.4 Racing pigeons must always be under control and never permitted to be a nuisance. Flight times will be supervised. 2.5 The loft to be deemed an accessory building of standard construction, and will require a building permit pursuant to zoning regulations to erect the loft. 2.6 The loft position should reasonably be set on the property with due regard to distances from dwellings. 2.7 The loft must be neat, attractive, painted inside and outside, and well maintained hygienically. 2.8 The owner shall restrict the number of pigeons in their possession to forty (40) or fewer provided however that during the months of April to October, this number may be increased to provide for the raising and racing of young pigeons hatched that year. 2.9 The racing pigeons shall be contained in the loft subject to Appendix "C" of this by-law. 2.10 Food provided for racing pigeons shall be contained within the loft. 2.11 The club to which an owner belongs may be notified about any complaints so that steps may be taken to rectify a legitimate problem. If the owner is in conflict with the by-law provisions, failure to comply will deny him the racing pigeon exemption. 3.0 INSPECTIONS: 3.1 An Animal Control Officer under this by-law: 3.1.1 Has the power to enter upon and examine any yards, vacant lots, grounds or buildings, other than a dwelling, at any reasonable time or times; and 3.1.2 May be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this by-law. 4.0 REMOVAL OF ANIMALS: 4.1 The Animal Control Officer and/or his/her Agents shall be authorized to seize any animals of an owner who has contravened the provisions of this by-law and refuses to remove the animals. Any costs or charges associated with the seizure of such animals shall be charged against the owner of the animals. Appendix "D" to By-law No. 2005-119 for The Corporation of the Township of Oro-Medonte REGULATING AND CONTROLLING ANIMALS 1.0 No person shall keep, possess or harbour a Prohibited Animal, on any land within the Township of Oro-Medonte. 2.0 Notwithstanding Section 1, the prohibition shall not apply to: 2.1 A veterinary hospital; 2.2 An ONT. SPCA shelter or the animal control pound which complies with the Township of Oro-Medonte Zoning By-law; 2.3 Any animal being displayed or exhibited for a set period of time in a municipally sanctioned event, which is operated in accordance with Township of Oro-Medonte conditions; 2.4 A bona fide farming operation for the keeping of any cattle, horse, goat, sheep, swine or chickens as permitted under the Township of Oro- Medonte Zoning By-law. Schedule "A" to By-law No. 2005.119 for The Corporation of the Township of Oro-Medonte DOG LICENSING FEES * For one dog (male or female) $ 20.00 * For one dog spayed or neutered $ 15.00 * Replacement dog tag $ 2.00 IMPOUNDMENT FEES * Pound Fee $ 50.00 * Pound Fee increase for each additional occurrence within a calendar year Multiples of $ 50.00 KENNEL LICENSING FEES New License * Breeding Kennel License $ 125.00 * Boarding Kennel License $ 125.00 * Both Breeding and Boarding License $ 125.00 Renewal of License * Breeding Kennel License $ 80.00 * Boarding Kennel License $ 80.00 * Both Breeding and Boarding License $ 80.00 Schedule "B" to By-law No. 2005-119 #~"'6"t~:-~ 4~~~_____'_____.ftf:l}, d!.~L- " l~ ht THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE APPLICATION 'FOR KENNEL LICENSE This application is a: New Application 0 Renewal o Type of License: Pure-bred Breeding 0 Boarding o Breeding and Boarding o Name of Kennel: Owner: Mailing Address: Postal Code: Telephone Numbers Home: Business: (If more than one Registered Owner with different address, attach a separate sheet) Legal Description of Property on which Kennel is to be operated: Roll Number: 4346- Lot: Concession: Plan: Municipal Address: Kennel will be operated by: o Same as registered owner; or Name: Address: Postal Code: Telephone Numbers Home: Business: If Owner is a Corporation: Name of all Shareholders Address % of Shares Professional Affiliation of Owner (or Operator) Canadian Kennel Club Yes o No 0 C.K.C. No.: Other (specify) Personal Information contained on this form is collected pursuant to The Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of the issuance of a kennel license. Questions about this collection should be directed to the Freedom of Information Coordinator, The Corporation of the Township of Ora- Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2XO Schedule "B" to By-law No. 2005-119 DECLARATION I (we) hereby certify that I (we) have knowledge of the particulars contained in the foregoing statement, and I (we) solemnly affirm that the same are in every respect fully and truly stated to the best of my (our) knowledge and belief, as if made under and by virtue of the Canada Evidence Act and I (we) solemnly affirm that I (we) have not been convicted under the Criminal Code of Canada pertaining to animal cruelty. Dated this the day of ,20_ Applicant Boarding Kennel Applicants Only: I, , hereby certify on behalf of , a boarding kennel establishment, that dogs kept on our premises and under our watch and care, are not being offered for sale. Applicant Date Signature NOTE: Council has the right to refuse any kennel application. By-law Enforcement Department Inspection/Comments: Date Signature Comments: Planning Department Comments: Date Signature Comments: ONT. SPCA: Inspection Received Yes 0 No 0 Date Received Personal information contained on this form is collected pursuant to The Municipal Freedom of Information and Protection of Privacy Act, and will be used for the purpose of the issuance of a kennel license. Questions about this collection should be directed to the Freedom of Information Coordinator, The Corporation of the Township of Ora- Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2XO . PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No.2005-119, for the Corporation of the Township of Oro-Medonte, attached hereto is the set fine, for those offences. This Order is to take effect February 27,2006. DATED at Newmarket this 27th day of February, 2006. John A. Pay e Regional Se ior Justice Central Eas Region Township of Oro-Medonte Part 1 Provincial Offences Act By-law No. 2005-119 To Regulate, License and Control Animals within the Township of Oro-Medonte Appendix "N, Licensing, Regulating and Controlling Dogs Item Short Form Wording Provisions Creating or Set Fine Definino Offence 1 Own don without license Annendix A, Section 1.0 $100 2 Own more than two dogs without Appendix A, Section 4.3 $100 kennel license 3 Owner of doo allows to run at laroe Aooendix A, Section 5.0 $100 4 Owner of dog allows dog to howl or Appendix A, Section 6.0 $100 bark excessive Iv 5 Owner of dog fails to remove dog Appendix A, Section 8.0 $100 excrement 6 Owner of dog fails to dispose of dog Appendix A, Section 8.0 $100 excrement in sanitarv manner NOTE: The penalty provision for the offences indicated above is Section 5 of By-law 2005-119, a certified copy of which has been filed.