2002-076 To regulate, license and control animals with the Township of Oro-Medonte
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LA W NO. 2002-076
"Animal Control By-law"
Being a By-law to regulate, license and control animals within the Township of Oro-
Medonte.
WHEREAS the Livestock, Poultry and Honey Bee Protection Act, RS.O. 1990, L.24, The
Animals for Research Act, RS.O. 1990, A.22, The Pounds Act, RS.O. 1990, P.17, The Dog
Owners Liability Act, RS.O. 1990, D.16, The Health Protection and Promotion Act, RS.O.
1990, MA5, contains certain provisions enabling municipalities to pass By-Laws;
AND WHEREAS Section 210, Paragraph 1 of the Municipal Act, RS.O. 1990, chapter
MA5 provides that by-laws may be passed by the councils of local municipalities for
prohibiting or regulating the keeping of animals or any class thereof within the municipality
or defined areas thereof and for restricting, within the municipality or defined areas thereof,
the number of animals or any class thereof that may be kept by any person, or that may be
kept in or about any dwelling unit or class of dwelling unit as defined in the by-law;
AND WHEREAS Section 210, Paragraphs 2 and 11 (e) of the Municipal Act, RS.O. 1990,
as amended from time to time, permits the Council of a local municipality to pass by-laws for
regulating and licensing establishments for the breeding or boarding of animals, or any class
thereof, within the municipality or defined areas thereof;
AND WHEREAS the Municipal Act, RS.O. 1990, Chapter M-45, Section 210, Subsection
9, authorizes the passing of By-laws by the Councils of local Municipalities, for requiring an
owner of a dog to remove forthwith, excrement left by the dog anywhere in the Municipality;
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter mA5, Section 210, Paragraph
11, provides for the licensing and regulating of dogs and keeping of kennels;
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter MA5, Section 210, Paragraph
13, provides for prohibiting and regulating the running at large of dogs;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems
it advisable to exercise the authority to prohibit or regulate the keeping of animals; to
regulate and license establishments for the breeding and/or boarding of dogs, with the
corporate limits of the Township of Oro-Medonte; provide for the removal of dog excrement
on public or private property within the Township of Oro-Medonte; to provide for the
licensing, regulation, registration and prohibition of certain types of animals within the
Township of Oro-Medonte;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS:
1.0 TITLE:
This by-law may be referred to as "The Animal Control Bylaw".
2.0 DEFINITIONS:
2.1 "Agricultural" means pertaining to agriculture, farming.
2.2
"Animal" means any member of the animal kingdom of living beings, excluding
humans, without limitation, "Animal" shall include mammals, dogs, birds and
reptiles.
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2.3
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2.5
"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.
"Boarding" shall mean the taking in of dogs for a period of time for capital gains
"Breeding" shall mean the generating of offspring resulting in quality of upbringing as
in pure- bred dogs.
2.6 "Council" means the elected Council of The Corporation of the Township of Oro-
Medonte.
2.7 "Dog" shall mean a male or female dog, over the age of twelve (12) weeks.
2.8 "Fur-bearing animal" means an animal designated by name as a fur-bearing animal in
the Fur Farms Act or declared to be a fur-bearing animal in the regulations made
thereunder.
2.9
"Kennel" means any premises where dogs are boarded or are kept for the purposes of
breeding, or registered hounds for the purposes of hunting, or dogs kept solely for the
purpose of routinely entering into dog sled or other similar races or personal uses.
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2.10 "License" shall mean a certificate issued by the Township upon compliance to this
By-law permitting an owner to operate a Kennel.
2.11 "Livestock" means animals or poultry, designated as livestock and includes cattle,
fur-bearing animals, goats, horses, rabbits, sheep, swine, fowl, ox.
2.12 "Lot" shall mean a parcel or tract of land which is legally in distinct and separate
ownership or which is shown on a registered plan of subdivision. A registered plan of
subdivision for the purposes of this paragraph, does not include a plan which is
deemed not to be a registered plan of subdivision by a by-law passed under the
Planning Act.
2.13 "Municipality" means The Corporation of the Township of Oro-Medonte.
2.14 "ONT. SPCA" shall mean the Ontario Society for the Prevention of Cruelty to
Animals or any local branch of the Ontario Humane Society.
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2.15 "Owner" includes an assessed owner, tenant, occupant or any person having an
interest whether equitable or legal in the land.
2.16 "Planner" shall mean the official or employee of the Township charged with the duty of
administering the provisions of the Zoning By-laws.
2.17 "Police" means a police officer as defined by the Police Services Act.
2.18 "Prohibited animal" shall mean birds or reptiles.
2.19 "Pure-bred" shall mean any dog that is registered or eligible for registration with an
association incorporated under the Animal Pedigree Act (Canada).
2.20 "Residential lot" shall mean a lot, all or part of which is within a Residential zone, or a
Residential lot in an Agricultural Zone, or a Residential lot in a rural Zone.
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2.21 "Tag" means a marking device issued by the Corporation of the Township of Oro-
Medonte, or its authorized agent.
2.22 "Township" shall mean The Corporation of the Township of Oro-Medonte.
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2.23 "Under Control" shall mean that when an animal is not on the property where it is usually
kept, the animal must be leashed 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 PARTS:
Part A:
Licensing, regulating and controlling dogs.
Part B:
Regulating and licensing for kennels for breeding and boarding dogs.
Part C:
Regulating and prohibiting the keeping of pigeons.
Part D:
Regulating and prohibiting the keeping of animals.
4.0 SCHEDULES:
Schedule A: Fees.
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, Chapter 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, R.S.O. 1990, MAS, s327,
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 Building/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.
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PART "A"
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LICENSING, REGULATING AND CONTROLLING DOGS
1.
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Every owner of a dog or dogs shall, on or before the 15t 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 license and dog tag
for each dog owned.
2.
Every dog tag shall bear the serial number and the year in which it was issued and a
record shall be kept by the Township of Oro-Medonte showing the name and address
of the owner and the serial number of the tag.
3.
The owner shall keep the dog tag securely fixed on the dog at all times and such tag is
non-transferable.
4. The fee charged for the replacement of a lost dog tag shall be one dollar
($1.00).
e a) Every license issued pursuant to this by-law shall expire on the 28th
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 license shall be as provided for in Schedule "A"
attached hereto.
b) No person or persons shall keep a dog or dogs in a single dwelling
unit unless each dog has a license issued pursuant to the fees provided for in
this By-law.
c) No person shall, nor shall anyone household own, possess, or
harbour, or board, or license more than two dogs unless the person or
household holds a valid kennel license issued pursuant to Part B.
5. a) 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.
b) For purposes of this section a dog shall be deemed to be running at
e large when found elsewhere than on the property of the owner and not under
the control of a competent and responsible person.
c) No owner of a dog shall allow the dog to howl or bark excessively or
otherwise become a nuisance.
6.
a)
Subject to Section 5 of this section, a Police officer or Animal
Control Officer may:
i) seize and impound any dog found running at large, and
ii) restore possession of the dog to the owner thereof, where
1. the owner claims possession of the dog within five
days (exclusive of statutory holidays and Sundays) after the
date of seizure, and
2.
the owner pays to the Police officer or Animal Control
Officer a pound fee of fifty dollars ($50.00) for a dog seized
and impounded plus any costs of the poundkeeper chargeable
to the Corporation of the Township of Oro-Medonte. This fee
will increase in multiples of $50.00 (fifty dollars) for each
additional occurrence within a calendar year.
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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 license or a dog tag shall
obtain a license and dog tag for the current year before delivery
is made.
iii) where a dog is impounded, the owner, if known, 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.
b) Where, at the end of the said five days, possession of the dog has
not been restored to the owner under Subsection a) the Animal Control Officer
may sell the dog for such price as he deems reasonable.
c) Where the owner of a dog has not claimed the dog within five days
after its seizure under Subsection a), above, 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 sees fit and no damages or compensation shall be
recovered on account of its killing or other disposition.
d)
Where a dog seized under Subsection a) of this section 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 thinks 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.
7. Every person who owns, controls or harbours a dog shall immediately remove any
excrement left by such dog on public or private lands in the Township of Oro-
Medonte, and shall dispose of such excrement in a sanitary manner.
8. Notwithstanding Section 1, 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.
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PART "B"
REGULA TING AND LICENSING FOR 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.
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" attached hereto and forming part of this By-law.
1.4
Every owner applying for a license for breeding purposes shall submit the following
documentation:
a) Copy of active membership in the Canadian Kennel
Club or any other Association incorporated under
the Animal Pedigree Act (Canada) (if available);
b) A written, up-to-date approval from the Humane
Society with any costs involved borne by the
applicant; to ensure compliance with this By-law;
c) A site plan drawn to scale showing all buildings
on the subject property and the location of all
kennel structures, and must also specify the
distances which separates the kennel structures
from all property lines and all buildings,
including any buildings situated on an adjacent
property;
d) Verification of current rabies vaccination 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:
a) A written, up-to-date approval from the Humane
Society with any cost involved borne by the
applicant; to ensure compliance with this By-law;
b) A site plan drawn to scale showing all buildings
on the subject property and the location of all
kennel structures, and must also specify the
distances which separate the kennel structures
from all property lines and all buildings,
including any buildings situated on an adjacent
property;
1.6 Every application for a license shall be approved by the Planner for the Township, in
accordance with Township Zoning By-law.
1.7
Prior to the issuance of a license, the applicant shall pay a fee as set out in Schedule "A"
attached hereto and forming part of this By-law.
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1.8 No person shall be granted a license if such person has been convicted under Section 446 of
the Criminal Code of Canada pertaining to animal cruelty.
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1.9
Any owner issued a license pursuant to this By-law shall apply to the Township to obtain
approval for proposed changes to the information contained with Schedule "B" and Sections
1.4.(c) and/or 1.5.(b) of this By.law.
1.10 Every license issued pursuant to this By-law shall expire on the 28th 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. Note: Late Payment fee increases $20.00 on the first
day of every month there after.
2.0 CONFINEMENT OF DOGS
2.1 All dogs shall be confined inside the kennel structure during the hours of 11:00 p.m. to 7:00
a.m.
3.0 REVOCA TION OF LICENSE
3.1
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, S.22, as amended.
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3.2 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, S.22, as amended.
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PART "C"
REGULA TING AND PROHIBITING THE KEEPING OF PIGEONS
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1. No person shall keep or have any pigeons or racing pigeons unless such use conforms
with the zoning regulations and subject to Section 2 and Section 3 of this Byrlaw.
2. Persons may be permitted to keep or have registered racing pigeons that were in existence
under a previous by-law of the former Township of Medonte, the former Township of
Orillia, the former Township of Flos and the former Township of Vespra and approved by
the respective Municipality prior to the passing of this By-law, subject to Subsection 4 (1)
to Subsection 4 (11) inclusive.
3. Persons may be permitted to keep or have registered racing pigeons, subject to Subsection
4 (1) to Subsection 4 (11) inclusive.
4. Further to Section 2 and Section 3, the following conditions shall apply:
(1) The owner shall be a member of a pigeon racing club within the Canadian
Racing Pigeon Union.
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(2)
An owner must be a member in good standing of a pigeon racing club.
(3) Racing pigeons shall have a seamless identity band registered to each owner.
(4) Racing pigeons must always be under control and never permitted to be a
nuisance. Flight times will be supervised
(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.
(6) The loft position should reasonably be set on the property with due regard to
distances from dwellings.
(7)' The loft must be neat, attractive, painted inside and outside, and well
maintained hygienically.
(8)
The owner shall restrict the number of pigeons in his 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.
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(9) The racing pigeons shall be contained in the loft subject to Section 4.4(4)
herein.
(10) Food provided for racing pigeons shall be contained within the loft.
(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.
INSPECTIONS
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An animal control officer under this By-law:
(i) 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
(ii) may be accompanied by such other person or persons as they deem necessary to
properly carry out their duties under this By-law.
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REMOVAL OF ANIMALS
The Animal Control Officer and/or its' 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.
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PART "D"
REGULA TING AND CONTROLLING ANIMALS
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1.
No person shall keep, possess or harbour a Prohibited Animal, on any land within
the Township of Oro-Medonte.
2. Notwithstanding Section 1, the prohibition shall not apply to:
a) a veterinary hospital;
b) an Ontario Human Society shelter or the animal control pound which
complies with the Township of Oro-Medonte Zoning By-law;
c) any animal being displayed or exhibited for a set period of time in a
municipality sanctioned event, which is operated in accordance with
Township of Oro-Medonte conditions.
d) 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.
REPEAL:
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THAT By-laws No. 94-37 and 98-12 and 98-64 be and are hereby repealed.
ENACTMENT:
1. That Parts "A", "B", "C", and "D", and Schedules "A" and "B" attached shall form
part of this By-Law;
2. That this By-law shall come into force and take effect upon being enacted by Council.
BY-LA W READ A FIRST AND SECOND TIME THIS 26th DAY OF JUNE, 2002.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF
JUNE, 2002.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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May , J. Neil Craig
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Clerk, Ma . yn Pennycoo
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SCHEDULE "A"
KENNEL LICENSE FEES
A) Boarding Kennel License $50.00
B) Breeding Kennel License $50.00
C) Both Boarding and Breeding $100.00
D) After March 1st in any given year each price will be double the original cost.
DOG LICENSING FEES
A) For one dog (male) $20.00
B) For one dog (female) $20.00
C) For one dog spayed or neutered $15.00
D) A late payment fee of an additional $10.00 shall be effective after March
1 st in any given year.
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SCHEDULE "B"
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
APPLICA TION FOR KENNEL LICENSE
This application is a:
New Application () Renewal ()
Pure-Bred Kennel License ( ) Boarding Kennel License ( )
NAME OF KENNEL:
APPLICANT:
MAILING ADDRESS:
POSTAL CODE:
TELEPHONE NUMBER:
home
business
(If more than one registered owner with different address,attach separate sheet)
Legal Description of Property on
which Kennel is to be operated: Lot
Con.
Plan
Kennel will be operated by: ( ) same as registered owner; or
Name:
Address:
Postal Code:
Telephone:
(home)
(business)
If Owner is a Corporation:
Name of all Shareholders
% of shares
Address
Professional Affiliation of Owner (or operator)
Canadian Kennel Club: yes( ) no() e.K.e. No.
Other (specify)
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DECLARA TION
I hereby certify that I have knowledge of the particulars contained in the foregoing statement, and I
solemnly affirm that the same are in every respect fully and truly stated to the best of my knowledge and
belief, as if made under and by virtue of The Canada Evidence Act and I solemnly affirm that I (we) have
not been convicted under Section 446 of the Criminal Code of Canada Pertaining to animal cruelty.
Dated this the _day of
,19--:.
Applicant
Applicant
Boarding Kennel Applicants Only..
I,
, hereby certify on behalf of
, a boarding kennel
establishment, that dogs kept on our premises and under our
watch and care are not being offered for sale.
Date
Signature
Note: Council has the right to refuse any kennel application.
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THE HONOURABLE JUSTICE RAYMOND P. TAILLON
REGIONAL SENIOR JUSTICE
CENTRAL EAST REGION
ONTARIO COURT OF JUSTICE
PROVINCIAL DIVISION
L'HONORABLE JUGE RAYMOND P_ TAILLON
JUGE PRINCIPAL REGIONAL
Rt::GION DU CENTRE-EST
caUR DE JUSTICE DE L'ONTARIO
DIVISION PROVINCIALE
440 KENT STREETWE$T
liNDSAY, ONTARIO K9V 6G8
440, RUE KENT OUEST
liNDSAY (ONTARIO) K9V 6G8
TElEPHONElTElEPHONE (705) 324-1410
FAxfTEU:COPIEUR (705) 324-1411
November 21S\ 2003
NOY 2
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Ms. Marilyn Pennycook
Clerk
Township of Oro-Medonte
148 Line 7 S., Box 100
Oro, Ontario
LOL 2XO
Dear Ms. Pennycook:
Re: Set Fines - Part I
Township of Oro.Medonte
Enclosed herewith is a copy of an Order and a copy of a schedule of set fines for
By-law No. 2002-076, as amended for the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of the wording
used to describe the offences.
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Court at Barrie, together with a certified copy of the By-law.
Yours truly,.
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IJustice R. P. Taillon
Regional Senior Justice
Central East Region
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Enclosures
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 the By-law No. 2002-076,
as amended of the Township of Oro-Medonte, attached
hereto is the set fine for those offences. This Order is to
take effect November 21st, 2003.
DATED at Lindsay
This 21st day of November, 2003.
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'Justice R. P. Taillon
Regional Senior Justice
Central East Region
Ontario Court of Justice
Township of Oro-Medonte
Part I Provincial Offences Act
By-law No. 2002-076
To Regulate, License and Control Animals within the Township of Oro-Medonte
Part 'A', Licensing, Regulating and Controlling Dogs
Item I Short Form Wording Provisions Creating Set Fine
or (includes
Definin~ Offence costs)
1 Keen dog without license Part A, Section 4(b) $105
2 Own more than two dogs without Part A, Section 4(c) $105
kennel license .
3 Owner of dog allows to run at large Part A, Section 5(a) $105
4 Owner of dog a)]ows dog to howl or Part A. Section 5(c) $105
bark excessively
5 Owner of dog fails to remove dog Part A, Section 7 $105
excrement
6 Owner of dog fails to dispose of dog Part A, Section 7 $105
excrement in sanitary manner
NOTE: The penalty provision for the offences indicated above is Section 5 of By-Law
2002-076, a certified copy of which has been filed.