2008-030 To Regulate, license and control animals within the Township of Oro-Medonte and to Repeal By-law Nos. 2005-119, 2006-003, and 2006-09611101:1111*01:1
BY-LAW NO. 2008-030
"Animal Control By-law"
A By-law to regulate, license and control animals
within the Township of Oro-Medonte
and to Repeal By-law Nos. 2005-119, 2006-003, and 2006-096
WHEREAS the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990, c. L.24,
the Animals for Research Act, R.S.O. 1990, c. A.22, the Pounds Act, R.S.O. c. PA 7, the
Dog Owners' Liability Act, R.S.O. 1990, c. DA 6, 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 151 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to license, regulate and govern businesses within the
municipality;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it 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 it advisable to regulate and license establishments for the breeding and/or
boarding of dogs, within the corporate limits of the Township of Oro-Medonte;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it 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 it 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 qualified 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.
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 "Township" shall mean The Corporation of the Township of Oro-Medonte.
2.18 "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 D: Regulating and prohibiting the keeping of animals.
4.0 SCHEDULES:
4.1 Schedule A: Licensing Fees
4.2 Schedule B: Application for Kennel License
5.1 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.
,1,. 1 That By-law Nos. 2005-119, 2006-003, and 2006-096 are hereby repeal-ow,
in their entirety. I
7.0 ENACTMENT:
7.1 That Appendices "A", '4B$Y, "C" and "D", and Schedules "A" and "B: attached
hereto shall form part of this By-law;
7.2 This by-law shall come into force and effect upon the approval of fines by
the Attorney General.
BY-LAW READ A FIRST AND SECOND TIME THIS 27TH DAY OF FEBRUARY,
2008.
• T
2Y-LAW READ A THIRD TIME AND FINALLY PASSED THIS 27 " DAY •
_EBRUARY, 2008. M
�M1.1VAPM-5 =.. ; I
Appendix "A"
to By-law No. 2008-030 for
The Corporation of the Township of Oro-Medonte
LICENSING, REGULATING AND CONTROLLING DOGS
1.0 Every owner of a dog or dogs shall, before the 1 st 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 tag 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 any one household own, possess, or harbour, or
board, or license more than three (3) dogs unless the person or household
holds a valid kennel license issued pursuant to Appendix "B" of this by-
law. Each dog in excess of the aforementioned maximum allowed is
considered a separate offence under the provisions 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
is 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 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
isfor the current year before delivery is made.
7.2 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.
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 de;ay:
7.5.1 For humane reasons, the Police Officer or Animal Control Officer
may kill the dog in a humane manner as soon after seizure as a
veterinarian gives approval (where possible) 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.
7.5.2 For 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.
IM
F-ITUMMUM "-.
to By-law No. 2008-030 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 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 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.
1.6 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.
1.7 Prior to the issuance of a license, the applicant shall pay a fee as provided
for in Schedule "A" of this by-law.
1.8 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.
1.9 Prior to the issuance of a license, every applicant shall provide proof that
he/she has not committed an offence pertaining to animal cruelty under
the Criminal Code of Canada or the Ontario Society for the Prevention of
Cruelty to Animals Act."
1.10 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.
1.11 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.
is1.12 A license issued pursuant to this by-law is non-transferrable.
■
■
2.1 The maximum number of dogs permitted in any one kennel for which a
Breeding Kennel License has been issued shall not exceed 25 dogs.
2.2 The maximum number of dogs permitted in any one kennel for which a
Boarding Kennel License has been issued shall not exceed 50 dogs.
2.3 The maximum number of dogs permitted in any one 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. 5.22, 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. 2008-030 for
The Corporation of the Township of Oro-Medonte
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
40 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.
WMEMEEM
to By-law No. 2008-030 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.
0 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;
23 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. 2008-030 for
The Corporation of the Township of Oro-Medonte
DOG LICENSING FEES
For one dog (male or female) $25.00
For one dog spayed or neutered $20.00
Replacement dog tag $ 2.00
A late payment fee of $10.00 shall apply to every dog license purchased on or after
March Vt.
"** No Licensing Fee shall be charged for Working/Special Needs Dogs*`
IMPOUNDMENT FEES
Pound Fee $50.00
Pound Fee increase for each additional occurrence Multiples of $ 50.00
within a calendar year
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
■
R1011 •T• Ill • ;� �
� E I I �,, � w rev as m., u • ii: om
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
APPLICATION FOR KENNEL LICENSE
This application is a: Now Application E] Renewal E]
Type of License:
Breeding Boarding n Breeding and Boarding
Name of Kennel:
Owner:
Mailing Address:
U •••-
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: Same as registered owner; or
Name:
Address:
Telephone Numbers Home:
If Owner is a Corporation:
Name of all Shareholders
Address
Owwo 0 -0
Business:
Professional Affiliation of Owner (or Operator)
Canadian Kennel Club Yes F1 No C.K.C. No.:
Other (specify)
% of Shares
:'ersonal information contained on this form is collected pursuant to The Municipal Freedom of Information and
:'rotection of Privacy Act, and will be used for the purpose of the issuance of a kennel license. Questions about this
,ollection should be directed to the Freedom of Information Coordinator, The Corporation of the Township of Cro-
VIedonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0
Schedule "B" to By -law No. 2008 -030
DECLARATION
I (we) hereby certify that 1 (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.
01 Dated this the day of
Im
Applicant
Boarding Kennel Applicants Only:
Applicant
,20
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.
OFFICE USE ONLY:
By -law Enforcement Department Inspection /Comments:
Date Signature
Comments:
Planning Department Comments:
Date Signature
Comments:
ONT. SPCA:
Inspection Received Yes 171 No n
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 Oro -
Medonte, 148 Line 7 South, Box 100, Oro, Ontario LOL 2X0
PROVINCIAL OFFENCES ACT
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. 2008-030 for the Corporation
of the Township of the Township of Oro-Medonte, attached hereto is the set fine,
for those offences. This Order is to take effect April 10th, 2008.
DATED at Newmarket this 10th
day of April, 2008.
Gregory Regis
Regional Senior Justice,
Central East Region
By-law No. 2008-030
To Regulate, License and Control Animals within the Township of Oro-Medonte
Part I Provincial Offences Act
Item
Short Form Wording
Provisions Creating or
Defining Offence
Set
Fines
1
Fail to register dog
Appendix A, S. 1.0
$100
2
More than 3 dogs without kennel license
Appendix A, S. 4.3
$100
3
Owner allows dog to run at large
Appendix A, S. 5.0
$100
4
, Owner allows dog to become nuisance
Appendix A, S. 6.0
$100
5
Owner fails to remove dog excrement
Appendix A, S. 8.0
$100
6
Owner fails to dispose of dog excrement in
sanitaEy manner
Appendix A, S. 8.0
$100
7
Possess Prohibited Animal
Appendix D, S. 1.0
$100
NOTE: The penalty provision for the offences indicated above is Section 5 of By-law
No. 2008-030, a certified copy of which has been filed