1998-012 For the Regulating and Licenscing of establishments for the breeding and boarding of dogs within the Township of Oro-Medonte. (Kennel Licensing By-Law) and to amend Oro-Medonte By-law 1994-037
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-12
Being a By-law for the Regulating and Licensing of
establishments for the breeding and boarding of dogs within
the Township of Oro-Medonte. (Kennel Licensing By-law) and
to amend Oro-Medonte By-Law 94-37.
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WHEREAS Section 210, Faragraphs 2 and 11(8) 0: the ~unicipal
~;:~C::., 8..3.0. 1990, :::<-:J 3-menaec :.::cm ::..:ne to ::":T'~ef ;:er:-:1i:s the
Council of a local municipality to pass by-laws fer
~egulating and ~icensing establishments for the Breeding or
boarding of animals, or any ~lass thereof, Nithin the
mu~icipality or def:..ned areas thereof;
AND WHEREAS the ::cuncil c.t :':-.8 Corporation elf the -:":)wnship
of Oro-Medonte deems i: advisable to exercise the authority
:0 regulate and license establishments for the breeding
and/or boarding of dogs, Hi:h the corporate limits cf the
Township of Oro-Medonte;
AND WHEREAS Council cf che ~ownship
By-Law No. 94-37 and being a by-law
regulating of dog and kennels;
8: Oro-Medon:e ~assed
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i.lCenslLg and
NOW THEREFORE the Council of ~he Corporation of the ~ownship
of Oro-Medonte enacts as follows:
SECTION 1:
DEFINITIONS
?or the purpose or this By-~aw the following definitions
shall apply:
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BOARDI~G: shall mean the taking in of dogs for a period
of time for capital gains;
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BREEDING: shall mean c~e generating of offspri~g
resulting ~.i quali::~l ::.f upbringing as i~i pure-bred
dogs;
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COUNCI~: shail ~ean :~e Council of The Corporation of
the Township of Oro-Medon:e;
_.4 DOG: shall have an ordinary ~eaning and shall include
spayed or neutered, ~ale or :emale over the age of
twelve weeks;
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H~NE SOCI~T:: shall ~ean the Ontario Society :or :he
Prevention of Cruel:} :0 Animals or any ~ocal craneh or
the Ontario Humane Society, or a Veterinarian
designated the society, or an Animal Control Of:icer
designated by the :ownship for the purpose of t~is by-
law;
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:.0 KENNEL: means any premises where dogs are boarded or
are kept for :he p~rposes of breeding, or~egis~ered
hounds =cr ~he purposes of h~nti~g, C~ Gogs kept solely
=0= ~~e pur90se c= ~ou~i~el! entering 51ea C~
other simi~Gr ~3ces :r ~ersc~al ~ses.
L:C2NSE: 3ha~~ De3~ a ~er~i:~cate ~ssued OJ :~e
70wnship upon comp~iance :0 :n~s By--aw permi:t~ng an
owner :0 operate a ~enne~i
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OWNER: shall mean the person who is the registered
owner of the property on which the Kennel is located;
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PURE-BRED: shall mean any dog that is registered or
eligible for registration with an association incor-
porated under the Animal Pedigree Act (Canada);
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1.10 PERSON: shall mean an individual human being, his/her
personal agent, heir, successors and assigns and shall
include a corporation with or without share capital;
1.11 TOWNSHIP: shall mean The Corporation of the Township of
Oro-Medonte;
1,12 PLANNER: shall mean the official or employee of the
Township charged with the duty of ad~inistering the
provisions of the Zoning By-laws.
SECTION 2:
LICENSING
2.1 No person shall own, operate, ~anage, 2ontrol,
supervise, or have on any property any Kennel unless
a license has been issued for such Kennel by the
Township.
2.2 Only the owner of the property upon which the Kennel
is proposed to be located may apply for and receive a
kennel license.
2.3 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.
2.4 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) (i f avai lable) ;
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;
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d) Verification of current rabies vaccination for all
dogs kept or to be Kept at the subject kennel for
breeding purposes.
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Every applicant for a kennel license for boarding
purposes shall submi~ the ~ollowing documentation:
a) A written, up-to-date approval f~om the Humane
Society with any cost involved borne by the
applicant; to ensure compliance with this By-law;
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SECTION 5:
CONFINEMENT OF DOGS
All dogs shall be confi~ed i~side the ~ennel struct~re
juring the hours of 11:00 p.~. to 7:00 c.m.
SECTION 6:
REVOCATION OF LICENSE
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6.1 Any kennel license application which fails to ~eet the
minimum requirements prescribed herein, shall ce
refused for reasons of ~on-compliance with t~e
provisions of this By-~aw. In the event that a license
is refused, the owner has the right to a hearing under
the Statutc~y Powers ?rocedures Act, R.3.0. 1990, 3.22,
as amended.
6.2 Any license issued under the previsions of this By-law
may be revoked prior t~ expiration for any breach of
the provisions of this 3y-law, in which case t~e owner
shall have the right to a hearing under the Statutory
Powers Procedures Act, ;.S.O. 1990, S.22, as a~ended.
SECTION 7:
OFFENCES
Any person who contravenes any provisions of this By-
law is guilty of an offence and subject to a penalty
pursuant to the Provincial Offences Act, R.S.O. 1990,
P.33.
7.2 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, M.45, s327, as amended from
time to time, shall further apply to any continued or
repeated 2reach of this By-law.
~.3 If any court of competent j~risdiction :l~dS ~hat any
of the provisions of :~is 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 e==ect.
SECTION 8:
MISCELLANEOUS
S.l Where the context permits, words importing the singular
member of or the mascu~ine gender, also include more
than one persons, parties or things of the same kind
than one and female as well as ~ale.
8.2 That this By-~aw may be cited as the "Kennel :icensing
By-law".
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S.3 That this Bv-law shall
properties WiL~i~ the
apply to
2J..1. lands
and
corporate
limits of
:he
-:::'ownship.
SECTION 9:
ENACTMENT
:'HAi:' Sect:..on
of 3v-:aw 94-37 is hereby deleted i~ i:s
en'Cirety.
THAT this By-~aw shall take
of final passi~g :~ereof.
fo::-ce and effece
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:~.e date
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READ A FIRST AND SECOND TIME THIS 4th DAY OF FEBRUkRY, 1998.
READ A THIRD TIME AND FINALLY PASSED THIS 4th DAY OF
FEBRUARY, 1998.
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(l~ z; ebv'{
Mayor, Ian Beard
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~<'__"'_L__".' " _____/'~, ~ i --...-,'<,.. ..
Clerk, Lynda Aiken
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SCHEDULE "A"
BY-LAW NO. 98-12
FEE SCHEDULE
BOARDING KENNEL LICENSE...............,........,.........,.........,.......,....,..,...,......,.....,. $50 . 00
BREEDING KENNEL LICENSE.......,...,.................,......,.....,........................,..,......" $50.00
BOTH BOARDING & BREEDING KENNEL LICENSE..............................$100. 00
SCHEDULE "B"
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
APPLICATION FOR KENNEL LICENSE
~his application is a:
New Application
Renewal
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Pure-Bred Kennel License ( ) Boarding Kennel License (
NAME OF KENNEL:
APPLICANT:
MAILING ADDRESS:
POSTAL CODE:
TELEPHONE NUMBER:
!come
Dusiness
(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:
or
) same as registered owner;
Name:
Address:
Postal Code:
Telephone:
(home)
(business)
If Owner is a Corporation:
Name of all Shareholders
Address
% of shares
Professional Affiliation of Owner (or operator)
Canadian Kennel Club: yes() no( C.K.C. No.
Other (specify)
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DECLARATION
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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..
T
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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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OFFICE USE ONLY
Application received by:
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Township Employee
Date
Application for License recommended by:
1)
Ontario S.P.C.A. or Veterinarian
Date
2)
Chief By-law Enforcement Officer
Date
3)
Planner
Date
4)
Director of BUilding/Planning
Development
Date
Application for Kennel License issued by:
Issuer
Date
Note:
Upon Issuance a copy of the application form
shall be given to the applicant, along with a
copy of the Kennel By-law.
This license has been revoked by resolution of Council due
:0 the following reasons:
Resolution No.
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C::"erk
Jate