1994-037 For Licensing and regulating of dogs and kennels and for the Control of Dogs within the Township of Oro/Medonte
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TOWNSHIP OF ORO/MEDONTE
BY-LAW NO. 94-37
BEING A BY-LAW FOR LICENSING AND REGULATING OF DOGS AND KENNELS AND
THE CONTROL OF DOGS WITHIN THE TOWNSHIP OF ORO/MEDONTE
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WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.4S, 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 M.4S, Section 210,
Paragraph 13, provides for prohibiting and regulating the running at large
of dogs;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ORO/MEDONTE HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
a) "Animal" shall mean all animals including dogs, etc., other
than domestic livestock.
b) "Dog" shall mean a male or female dog, over the age of twelve
(12) weeks.
c) "Owner" shall mean any person who possesses or harbours a dog
and "own", "owns", or "owned" have a corresponding meaning.
d) "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 dogs and to maintain a dog
pound and any servants or agents of such person. This
includes any employee appointed by the Corporation.
2. 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 license and dog tag for each dog owned.
3. 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.
4. The owner shall keep the dog tag securely fixed on the dog at all
times and shall not use a dog tag upon a dog other than that for
which it is issued.
S. The fee charged for the replacement of a lost dog tag shall be one
dollar ($1.00).
6.
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.
a)
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 Schedule "AI of this By-law.
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 Section 7.
7. Notwithstanding the provisions of Section 6 above, the owner of a
kennel of pure-bred dogs shall pay an annual kennel license fee of
twenty-five dollars ($25.00) to th~ corporation of the Township of
Oro/Medonte and such owner is not l~able to pay any further l~cense
fee in respect of such pure-bred dog. The annual kennel license fee
for Boarding Kennels shall also be twenty-five dollars ($25.00).
C)
Every kennel license issued pursuant to this By-law shall expire on
the 28th day of February of the year following the year in respect
of which it was issued.
8.
No owner of a dog shall allow the dog to run at large within
the limits of the Municipality of the Township of OrojMedonte.
a)
b) For purposes of this section a dog shall be deemed to be
running at large when found elsewhere than on the property of
the owner and not under the control of a competent and
responsible person.
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10.
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C) No owner of a dog shall allow the dog to howl or bark
excessively or otherwise become a nuisance.
9.
a)
Subject to Section 5 of this section, a Peace 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 Peace 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.
3. any female dog found to be running at large in
heat shall be held at the pound until no longer
in heat, but in any case no longer than 21 days,
and the owner shall be liable for any costs of
the poundkeeper chargeable to the Corporation of
the Township of Oro/Medonte.
4. 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 prescribed, and shall pay all
fees on demand to the Animal Control Officer.
5. 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.
bl 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 aD
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 Peace 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.
ENFORCEMENT AND FINES
a)
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.
b) Notwithstanding the provisions of Subsection a), above, any
person may upon presentation of a provincial Offences Notice
alleging commission of an offence under this by-law, payout
of court within five (5) days from the date of issue of the
said tag (exclusive of Saturday, Sunday or holidays), the sum
of fifty dollars ($50. DO) payable at the Animal Control
Shelter or the Township of Oro/Medonte Municipal Office, and
upon such payment no further proceedings are to be taken under
this By-law in respect of the said offence alleged in the
violation tag.
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11.
c) Each individual adult person being part of a household gro*p
that possesses or harbours a dog may be jointly or severalfY
charged with a contravention of any provision of this By-law.
All sections of this By-law shall be deemed to be separate and
independent and the invalidity of any section or provision thereof
shall not affect the remaining sections.
12. That Township of Oro By-laws 87-9, 87-10, 87-11 and the Township of
Medonte By-law 1991-09 be hereby repealed.
13. All other Township By-laws apply as applicable.
14. The site upon which the kennel is located must conform to the
Township Zoning By-law.
15. Any person who holds a valid kennel license issued under a previous
by-law shall be exempt from the provisions within this by-law.
By-law read a first and second time this 10th day of January, 1994.
By-law read a third time and finally passed this 10th day of January,
1994.
CORPORATION OF THE TOWNSHIP OF
ow;g l Q'1f- /
I Mayor
A -</"" A V (Jf1flh~AY"'J: .
,if Clerk
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SCHEDULE "A" TO BY-LAW NO. 94-37
Fees required for initial license or renewal.
a) For one dog (male) $20.00
. b) For one dog (female) $20.00
c) For one spayed or neutered dog $15.00
d) For a second dog $20.00
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PROVINCIAL OFFENCES ACT
IT IS ORDERED pursuant to the provisions of
the provincial Offences Act and the rules for
the ontario Court (provincial Division), 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 94-37 as
amended of the corporation of the Township of
Oro-Medonte, attached hereto, is the set
fine, for those offences to take effect May
12th, 1994.
DATED at Lindsay
this 12th day of May, 1994.
~
. D. Evans
Regi al Senior Judge
Cen ral East Region
ontario Court (provincial Division)
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SCHEDULE "A" TO BY-LAW 94-37
THIS AGREEMENT made in duplicate this 1st day of July, 1997
BET WEE N:
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THE CORPORATION OF THE TOWNSHIP OF ORo/MEDONTE
hereinafter called the "Corporation
of the FIRST PART
- and -
ONTARIO IIUM1\NE SOCIETY
hereinafter called the
Ontario SPCA
of the SECOND PART
THIS AGREEMENT WITNESSETH and is hereby agreed between the parties
as follows:
1.
The Corporation agrees:
1.1 to appoint and it does hereby appoint Ontario SPCA
as Poundkeeper and Animal Control Officer for the Corporation
with the duties of such Poundkeeper to be exercised by Ontario SPCA
to impound an animal in accordance the provision of the Corporation By-
laws;
1.2 to appoint and it does hereby appoint Ontario SPCA
employees as Municipal law Enforcement Officers pursuant to section 70 of the
Police Act, R.S.O. 1980, c.381, as amended;
1.3 to pay to Ontario SPCA as remuneration for its services
as such Animal Control Officer and Poundkeeper an annual sum equivalent to
$40,000.00 dollars per annum, to be paid to Ontario SPCA
monthly effective the 1st day of July, 1997;
1.4 the Corporation does hereby grant to Ontario SPCA .
the right to dispose of all animals impounded which become the property of the
Corporation in accordance with the Corporation By-laws;
1.5 the Corporation does hereby grant to Ontario SPCA
the right to dispose of the carcasses of all animals lawfully impounded and
lawfully destroyed in accordance with the Corporation By-laws;
1.6 the Corporation does hereby grant to Ontario SPCA
the right to collect all pound fees and destruction fees in accordance with the
scale of fees authorized by the Corporation By-laws, said fees to be retained
50 percent by the Township of Oro-Medonte and 50% by Ontario SPCA (By-law
94-37 Section 9(a) (ill (21.
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2. Ontario SPCA agrees:
2.1 to provide an animal shelter capable of providing
adequate acconunodation for all animals impounded and of meeting the
requirements set for this type of building by July 1, 1997, and of meeting the
requirements of all applicable provincial legislation.
2.2 to employ and supervise such animal control Officers as
may be considered necessary and to provide such Officers with adequate vehicles
and to pay all the costs of such Officers and vehicles;
2.3 to receive, impound and hold for claiming by the
owners, an animal delivered to Ontario SPCA animal shelter by Animal Control
Officers or other duly authorized persons and to dispose of unclaimed animals
by sale or destruction in accordance with the provision of the Corporation I s
By-laws;
2.4 to charge such pound and other fees as may be approved
from time to time by the Corporation; $5.00/day board.
2.5 to make available to the residents of the Corporation a
programme of humane services in accordance with the general custom of Ontario
SPCA;
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2.6 to provide and install all the equipment necessary for
the proper operation of the animal shelter and in particular to supply the
equipment necessary to humanely destroy unwanted or unclaimed animals and such
equipment must meet the standards set by The Ontario SPCA and the Animals for
Research Act;
2.7 to keep the shelter open and in operation on such days
and at such hours as shall from time to time be agreed upon between the parties
to ensure that the owners of impounded animals have a reasonable opportunity to
reclaim such animals;
2.8 to submit to the Corporation on or before the 15th day
of each month a written statement of the operation of the shelter up to the
last day of the preceding month, showing the number of impounded animals
received at the shelter, the length of time detained in the shelter and the
disposal of the animals;
2.9
to receive, for the Corporation, dog license fees, 50
percent of pound fee stipulated by Township of Oro-Medonte By-law 94-37 Section
9 (a) (ii) (2), and to remit same to the Corporation at intervals stipulated by
the Corporation;
2.10
to pay all costs of operating and maintaining said
shelter;
2.11
to indemnify and save harmless the Corporation in
respect to all charges, costs, expenses and claims whatsoever, in connection
with the operation of the shelter;
2.12 to keep the building insured for fire and to keep
and the Corporation properly insured in respect to public
liability and property damage, including claims in respect to injury and loss
and/or death of any animal in the following amounts;
Public Liability - $3,000,000
Property Damage - $ 25,000
to provide telephones at the shelter for the purpose of
the public to be able to phone the shelter and to provide a (24) hour answering
service to assist the public.
to provide 24 hour emergency service as
to follow-up on nuisance complaints and
2.13
2.14
2.15
required.
notify By-law
Department if required.
3. This agreement shall commence on the 1st day of July 1997 and shall
continue in full force and effect until the 30st day of June 1998, and
thereafter from month to month thereafter, until replaced by a new agreement or
either party gives written notice for the termination of the agreement with
notice of 30 days.
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IN WITNESS WHEREOF THE CORPORATE SEAL OF THE CORPORATION OF THE
TOWNSHIP OF ORO/MEDONTE attested to by the proper Officers in that behalf, and
Executive by Ontario SPCA by its Officers properly authorized to do so.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWNSHIP
OF ORO/MEDONTE
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Mayor
Tom Molloy, Manager
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