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1991-009 Medonte THE CORPORATION OF THE TOWNSHIP OF MEJX)NTE BY-LAW 1991-09 A BY-LAW to provide for the Licensing of dogs and regulating their control in this Municipality. - WHERE'AS it is deemed necessary by the Council of the Corporation of the Township of Medonte to require the registration of dogs and the imposing of a license fee on owners and to prohibit and regulate the running at large of dogs in the Municipality or any defined area thereof as authorized by Section 210 (6) of the Municipal Act, R.S.O. 1980, as amended; l'Of 'lHERER)RE the Municipal Council of the Corporation, of the Township of Medonte enacts as follows: 1 . DEFINITIONS: 1 . 1 Running at Large - _ being found in any place within the geographic limits of the Township of Medonte other than the premises of the owner of the dog and not under the control of any person. 1 . 2 Animal Control Officer - includes any person or association who has entered into a contract with the Corporation of the Township of Medonte to control dogs and to maintain a dog pound and any servants or agents of such person. 1.3 QQg- means a male or female dog. 1. 4 Owner- of a dog includes a person who possesses or harbours a dog; and where the owner is a minor, the person responsible for the custody of the minor. 2. LICENSES: 2.1 All dogs within the geographic limits of the Township of Medonte shall be registered and licensed by their owners. ~ 2.2 Every dog owner shall annually, before the first day of March in each year, or so soon thereafter as a dog attains the age of six months, cause the dog to be registered, numbered, described and licensed with the Clerk or other officer designated for that purpose. ~ 2.3 On payment of the license fee for a dog, the owner shall be furnished with a dog tag and shall keep the tag securely fixed on the dog at all times until the tag is renewed or replaced; provided, however, that the tag may be rerroved while the dog is being lawfully used for hunting in the bush. 2. 4 A tag shall bear a serial number and the year in which it was issued and a record shall be kept by the Clerk or other officer designated for that purpose showing the name and address of the owner and the serial number of the tag. 3. LICENSE:FEES: 3. 1 The fee for licenses for dogs shall be established by a By-Law of Council. - - ~ ~ - 2 - THE CDRPORATION OF THE TOWNSHIP OF MEI:ONTE BY-LAW 1991-09 4. JXX;S RUNNING AT lARGE: 4.1 An owner shall not allow his dog to run at large within the geographic limits of the Township of Medonte. 5. 4.2 Any dog that has bitten a person or a damestic animal shall be muzzled and leashed at all times when not on the premises of the owner of that dog. IMPCXJNI:MENr AND CDNI'ROL OF JXX;S: 5.1 A Peace Officer or an Animal Control Officer may seize and impound any dog running at large. Provided however, a Peace Officer or an Animal Control Officer may kill any dog in a humane manner where required for reasons of safety to People or animals, or where the dog is injured and should be killed without delay for humanitarian reasons, and no damages or compensation whatsoever shall be recovered by the owner of the dog or any other person on account thereof. 5. 2 In the event that a dog is not destroyed in accordance with Section 5.1, a Peace Officer or Animal Control Officer shall restore possession of a dog to the owner thereof where; a) The owner attends at the pound and claims possession of the dog within three (3) days, excluding the day on which the dog was impounded, statutory holidays and Sundays, and b) The owner pays to the Peace Officer or Animal Control Officer a pound fee of $25. 00 for a dog seized and impounded plus a maintenance sum of $5. 00 for each day subsequent to the day of seizure that the dog remains impounded. 5.3 If an Animal Control Officer is unable to seize any dog found to be running at large contrary to this By-law, the Animal Control Officer may require the owner to pay a penalty of $10.00. In the event that the owner of a dog fails to pay the penalty imposed by an Animal Control Officer pursuant to this Section within the time specified for payment, the owner shall be deemed to have contravened this Section, for the purposes of Section 7. 5.4 Where a dog is impounded, and whether the dog is claimed fram the pound or not, the owner of the dog shall be liable for the pound and maintenance fees prescribed, and shall pay all fees on demand by the Animal Control Officer or Municipal Clerk. 5. 5 Where possession of a dog has not been restored to the owner wi thin the three ( 3) day period referred to in Section 5. 2, the Animal Control Officer may sell the dog for such price as he deems reasonable. 5. 6 Where the owner of a dog has not claimed the dog within the period set out in Section 5. 2 (a), 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 whatsoever shall be recovered by the owner of the dog or any other person on account thereof. 5.7 Each individual adult person being part of a household group that possesses or harbours a dog may be jointly or severally charged with a contravention of any provision of Section 5 of this By-law. - 3 - THE CDRPORATION OF THE TOWNSHIP OF MEroNTE BY-LAW 1991-09 6. GENERAL PROVISIONS: 6.1 Every license issued pursuant to this By-law shall expire on the 31st day of December of the year in respect of which it was issued. - 7. ENFORCEMENI' AND FINES: 7.1 Every owner who fails to comply with and provision of Section 2 of this By-law, or who uses a tag upon a dog other than that for which it was issued is guilty of an offence and upon summary conviction is liable to a fine or not more than $50.00 exclusive of costs, and every such fine is recoverable under the Provincial Offences Act. - 7. 2 Every owner who contravenes any provision of Section 5 of this By- Law is guilty of an offence and on summary conviction is liable to a fine of not more than $50.00 exclusive of costs, and every such fine is recoverable under the provincial Offences Act. 7. 3 Every owner who contravenes any provision of Section 4 of this By- law is guilty of an offence and upon summary conviction is liable to a fine of not more than $50.00 exclusive of costs, and every such fine is recoverable under the Provincial Offences Act. 7.4 Where a contravention of this By-law has occurred, and notwithstanding the provisions of Section 7. 1, Section 7. 2 or Section 7. 3, a Peace Officer or Animal Control Officer may, prior to the carmencement of any proceedings under the provincial Offences Act, issue a Certificate of Viloation to the owner of a dog or to any person referred to in Section 5.7 of this By-law. The Certificate of Violation shall set out the alleged offence, the amount of the penalty which may be paid out of Court in respect of the alleged offence, and the time within which payment out of Court may be made. ~ 7.5 Any owner may upon presentation of the Certificate of Violation issued pursuant to Section 7. 4 alleging carmission of an offence under this By-law, payout of Court within five (5) days from the date of issue of the said Certificate of Violation (exclusive of Saturdays, Sundays and Statutory Holidays) the sum of $25.00 and upon such payment, no further proceedings are to be taken under this By-law in respect of the said offence occurring on the date alleged in the Certificate of Violation. 8. ENACIMENI': 8.1 By-law Number 82-4 is herewith repealed. 8.2 This By-law shall came into force and take effect upon its passing. ~ READ a first, second and third time, and finally passed this 8th Day of April, 1991.